Hainan Changyuan Technology Co. Ltd. v. The Partnerships and Unincorporated Associations Identified in Schedule A
| Hainan Changyuan Technology Co. Ltd. and Mebon Tech (Seller ID: A2IMW7TM5DYHI1) |
| Jariko, hanyunpeiyuanmaoyi, JZ Racing Performance, RIDGE WASHER, duzforei, S T Sales Inc, Altima-Store, touyoo, Hoypeyfiy, MINGLE Tool, JoeJet, Wansu-Direct, YBJ-US, best online-store, Moaode-EU, AJF Forever, Tzgsonp, Saiper, ktopnob, Niuliy, Daji-Direct, ShadowY, Southeast Softwash, Slowirrigate, ZHIXING-US, TADYAO, Dongguan Fengyun Spray Technology Development Co., Ltd., Guangdong Boyuan Spraying Technology Co., Ltd., Guizhou Blue Whale Machinery Equipment Co., Ltd., Jinhua Fenjun Industry And Trade Co.,Ltd, Shandong Yatemei Environmental Technology Co., Ltd., Taizhou Juxing Technology Co., Ltd., WAWULUGALA ENGINEERS (PRIVATE) LIMITED, Zhuji Yujia Environmental Protection Technology Co., Ltd., Korea Trendy Apparel Store and FIBO Official Store |
| 1:2024cv08087 |
| September 5, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Sunil R Harjani |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 50 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Mebon Tech (No. 8) (Dewitty, Robert) |
| Filing 49 MINUTE entry before the Honorable Sunil R. Harjani: In-person motion hearing on Defendants RIDGE WASHER and JoeJet's opposition to Plaintiff's motion for entry of preliminary injunction #40 is reset to 11/12/2024 at 9:45 a.m. in Courtroom 1925. Mailed notice (lxs, ) |
| NEW PARTIES: Mebon Tech (Seller ID: A2IMW7TM5DYHI1) added to case caption. (Dewitty, Robert) |
| Filing 48 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of No. 16 in Schedule A (Dewitty, Robert) |
| Filing 47 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of No. 32 in Schedule A (Dewitty, Robert) |
| Filing 46 MINUTE entry before the Honorable Sunil R. Harjani: In-person motion hearing on Defendants RIDGE WASHER and JoeJet's opposition to Plaintiff's motion for entry of preliminary injunction #40 set for 11/6/2024 at 9:30 a.m. in Courtroom 1925. Mailed notice (lxs, ) Modified on 10/23/2024 (lxs, ). |
| Filing 45 REPLY by Hainan Changyuan Technology Co. Ltd. to Response #40 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Dewitty, Robert) |
| Filing 44 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. No. 19 of Schedule A (Dewitty, Robert) |
| Filing 43 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. No. 31 of Schedule A (Dewitty, Robert) |
| Filing 42 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. No. 13 of Schedule A (Dewitty, Robert) |
| Filing 41 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. No. 11 in Schedule A (Dewitty, Robert) |
| Filing 40 RESPONSE by Defendants RIDGE WASHER, JoeJet to other #26 (Attachments: #1 Declaration of Jie Fang)(Urbanczyk, Adam) |
| Filing 39 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Defendant #19 from Schedule A (Dewitty, Robert) |
| Filing 38 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Defendant #13 from Schedule A (Dewitty, Robert) |
| Filing 37 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Defendant #11 from Schedule A (Dewitty, Robert) |
| NEW PARTIES: AJF Forever, Daji-Direct, duzforei, hanyunpeiyuanmaoyi, Hoypeyfiy, JoeJet, Moaode-EU, Niuliy, S T Sales Inc, ShadowY, Wansu-Direct, touyoo, Wansu-Direct, YBJ-US, Tzgsonp, Jariko, MINGLE Tool, ktopnob, Saiper, Altima-Store, JZ Racing Performance, best online-store, Southeast Softwash, Slowirrigate, ZHIXING-US, TADYAO, Dongguan Fengyun Spray Technology Development Co., Ltd., Guangdong Boyuan Spraying Technology Co., Ltd., Guizhou Blue Whale Machinery Equipment Co., Ltd., Jinhua Fenjun Industry And Trade Co.,Ltd, Shandong Yatemei Environmental Technology Co., Ltd., Taizhou Juxing Technology Co., Ltd., WAWULUGALA ENGINEERS (PRIVATE) LIMITED, Zhuji Yujia Environmental Protection Technology Co., Ltd., Korea Trendy Apparel Store and FIBO Official Store added to case caption. Terminating The Partnerships and Unincorporated Associations Identified in Schedule A (Dewitty, Robert) |
| Filing 36 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 10/10/2024. Mailed notice(lxs, ) |
| Filing 35 MINUTE entry before the Honorable Sunil R. Harjani: The Motion to Set Briefing Schedule and to Unseal #31 is granted as unopposed. The Clerk is requested to unseal Dkts. 7-8 and 14. Defendants RIDGE WASHER and Joejet have until 10/14/2024 to respond to Plaintiff's motion for preliminary injunction [Dkt. 25] and Plaintiff may reply by 10/21/2024. Mailed notice (lxs, ) |
| Filing 34 STATUS Report JOINT by JoeJet, RIDGE WASHER (Urbanczyk, Adam) |
| Filing 33 MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendants JoeJet and RIDGE WASHER. Plaintiff's motion for a preliminary injunction #25 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk 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 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 [24, 29] that it provided electronic notice to defendants 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. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Summons was issued on 9/17/2024, and Defendants' responses to the complaint are due by 10/23/2024. Plaintiff should file any motion for entry of default and default judgment by 11/13/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 11/21/2024 at 9:15 a.m. By 10/9/2024, Plaintiff shall submit a proposed preliminary injunction order to the Court's proposed order inbox for entry. Mailed notice (lxs, ) |
| Filing 32 MINUTE entry before the Honorable Sunil R. Harjani: Certain Defendants' Motion to Set Briefing Schedule and to Unseal #31 does not indicate whether there is an objection to the motion. Counsel shall meet and confer concerning the motion. By 10/8/2024, the parties shall file a joint status report advising whether or not the motion is agreed and if agreement cannot be reached, the basis of Plaintiff's objection. Mailed notice (lxs, ) |
| Filing 31 MOTION by Defendants JoeJet, RIDGE WASHER to set a briefing schedule re: [Dkt 25] and Unseal [Dkts. 7-8, 14] (Urbanczyk, Adam) |
| Filing 30 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Def No 2 of Schedule A (Dewitty, Robert) |
| Filing 29 CERTIFICATE of Service by Plaintiff Hainan Changyuan Technology Co. Ltd. regarding terminate hearings,,, #27 service of Defendants listed in Schedule A (Attachments: #1 Exhibit 1 - Email)(Dewitty, Robert) |
| Filing 28 ATTORNEY Appearance for Defendants RIDGE WASHER, JoeJet by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 27 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #25 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 10/7/2024." 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 10/7/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. Telephone status hearing set for 10/8/2024 at 9:15 a.m. is stricken. Mailed notice (lxs, ) |
| Filing 26 Memorandum in support of Motion for Preliminary Injunction of Defendants in Schedule A by Hainan Changyuan Technology Co. Ltd. (Attachments: #1 Exhibit Case law)(Dewitty, Robert) |
| Filing 25 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. for preliminary injunction on Defendants in Schedule A (Dewitty, Robert) |
| Filing 24 SUMMONS Returned Executed by Hainan Changyuan Technology Co. Ltd. as to The Partnerships and Unincorporated Associations Identified in Schedule A on 10/2/2021, answer due 10/23/2021. (Dewitty, Robert) |
| Filing 23 MINUTE entry before the Honorable Sunil R. Harjani: At counsel's request, telephone status set for 10/9/2024 is reset to 10/8/2024 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 22 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion to Extend the Temporary Restraining Order #20 is granted. For the reasons stated in Plaintiff's Motion, the Court finds good cause to extend the temporary restraining order an additional 14 days to 10/9/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 10/2/2024. Telephone status hearing set for 9/24/2024 is stricken and reset to 10/9/2024 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 21 SUBMISSION of Bond in Response to TRO. (Received at the Intake Counter on 9/18/2024) (jh, ) |
| Filing 20 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. for extension of time Motion to Extend the Temporary Restraining Order (Dewitty, Robert) |
| Filing 19 SURETY BOND in the amount of $ 32,000 posted by Hainan Changyuan Technology Co. Ltd. (Document not scanned) (rc, ) |
| Filing 18 MINUTE entry before the Honorable Sunil R. Harjani: At counsel's request, telephone status previously set for 9/25/2024 is 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, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified in Schedule A (men, ) |
| Filing 17 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 9/13/2024. Mailed notice(lxs, ) |
| Filing 16 MINUTE entry before the Honorable Sunil R. Harjani: Enter Sealed Temporary Restraining Order at 10:00 a.m. on 9/13/2024. Mailed notice (lxs, ) |
| Filing 15 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion to file under seal #5 and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and publication #12 are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants 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. 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 defendants 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 defendants, stopping defendants' 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 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 9/18/2024. Telephone status hearing is set for 9/25/2024 at 9:15 a.m. By 9/11/2024, Plaintiff shall submit a proposed temporary restraining order to the Court's proposed order inbox for entry. The Court presumptively requires a bond of $1,000 per defendant. 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 14 EXHIBIT 1 by Plaintiff Hainan Changyuan Technology Co. Ltd. Exhibit 1 in support of TRO (Dewitty, Robert) Modified on 10/10/2024 (nsf, ). |
| Filing 13 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. for temporary restraining order Memorandum in support thereof (Dewitty, Robert) |
| Filing 12 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. for temporary restraining order (Attachments: #1 Declaration Declaration of Robert M. DeWitty)(Dewitty, Robert) |
| Filing 11 SEALED DOCUMENT by Plaintiff Hainan Changyuan Technology Co. Ltd. updated Exhibit B (Dewitty, Robert) |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (lm, ) |
| Filing 9 MAILED trademark report to Patent Trademark Office, Alexandria VA (lm, ) |
| Filing 8 SCHEDULE A by Plaintiff Hainan Changyuan Technology Co. Ltd. (Dewitty, Robert) Modified on 10/10/2024 (nsf, ). |
| Filing 7 EXHIBIT B by Plaintiff Hainan Changyuan Technology Co. Ltd. (Dewitty, Robert) Modified on 10/10/2024 (nsf, ). |
| Filing 6 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. to seal Memorandum in support thereof (Dewitty, Robert) |
| Filing 5 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. to seal Schedule A and Exhibit B (Dewitty, Robert) |
| Filing 4 Exhibit A by Hainan Changyuan Technology Co. Ltd. accompanying complaint (Dewitty, Robert) |
| Filing 3 CIVIL Cover Sheet (Dewitty, Robert) |
| Filing 2 ATTORNEY Appearance for Plaintiff Hainan Changyuan Technology Co. Ltd. by Robert Michael Dewitty (Dewitty, Robert) |
| Filing 1 COMPLAINT filed by Hainan Changyuan Technology Co. Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22440684.(Dewitty, Robert) |
| CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2). (men, ) |
| 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. (men, ) |
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