Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation v. The Partnerships And Unincorporated Associations Identified On Schedule A
Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation |
The Partnerships And Unincorporated Associations Identified On Schedule A |
1:2024cv09075 |
September 27, 2024 |
U.S. District Court for the Northern District of Illinois |
John Robert Blakey |
Copyright |
17 U.S.C. § 101 Copyright Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on October 25, 2024. A more recent docket listing may be available from PACER.
Document Text |
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CHECK BOND in the amount of $ 12,000.00 Rcpt. No: 100012380 posted by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation (khg, ) |
Filing 18 SEALED ORDER Signed by the Honorable John Robert Blakey on 10/24/2024. Mailed notice(gel, ) |
Filing 17 MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 12 separate Defendants in this lawsuit, alleging infringement of eight spooky, Halloween themed copyrights, see #1 . Joinder of multiple defendants in a single copyright 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 "Defendants' Seller IDs share unique identifiers, such as design elements and similarities of the products offered for sale utilizing unauthorized and infringing copies of the Plaintiff's Hollow Halloween Works, which establishes a logical relationship between them. Defendants' Seller IDs likewise suggests that their illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." #1 at 11. Plaintiff similarly alleges that, even though Defendants "operate under multiple fictitious aliases, the e-commerce stores operating as the Defendant Internet Stores often share unique identifiers, such as templates with common design elements. E-commerce stores operating as the Defendant Internet Stores, or other currently unknown aliases, include other notable common features such as, use of the same registration patterns, accepted payment methods, check-out methods, keywords, illegitimate search engine optimization (SEO), advertising tactics, the same grammatical errors and misspellings, and/or the use of the same text and images. Additionally, the offers for sale and advertisements by the Defendant Internet Stores bear similar irregularities. An indicia of being related to one another and suggests that the Defendants are interrelated." Id. at 30. Plaintiff also alleges that "some of the Defendants' internet stores have virtually identical layouts" and that "the infringing depictions on the Defendants' online stores bear similarities and other indicia of being related to one another." Id. at 40. Plaintiff submitted copies of its copyright registrations, along with images of the copyrighted works, and also submitted screenshot evidence from Defendants' sites, see #1 , #10 . The evidence supports Plaintiff's allegations concerning Defendants' interrelatedness and sale of substantially identical items, see [10-2] (screenshots supporting infringement allegations as to Defendants 1 through 12 based upon the sales of seemingly identical items). Accordingly, based upon Plaintiff's submissions, the Court finds that Plaintiff's allegations support joinder, and Plaintiff may proceed against the 12 identified Defendants in this single action. Additionally, based upon Plaintiff's submissions, the Court grants Plaintiff's motions to seal #11 , for electronic service of process #13 , and for expedited discovery #12 . The Court also grants Plaintiff's motion for entry of a sealed temporary restraining order #14 . Enter Sealed Temporary Restraining Order. Absent further order, this TRO will expire 11/7/24. The 10/25/24 Notice of Motion date is stricken. Mailed notice (gel, ) |
Filing 16 MINUTE entry before the Honorable John Robert Blakey: Due to the Court's trial schedule, Plaintiff's motions #14 , #12 , #11 , and #13 previously noticed for 10/23/2024 are reset for 10/25/2024 at 11 a.m. in Courtroom 1203. Mailed notice (gel, ) |
Filing 15 NOTICE of Motion by Lydia Pittaway for presentment of motion for temporary restraining order #14 , motion for miscellaneous relief #12 , motion to seal #11 , motion for miscellaneous relief #13 before Honorable John Robert Blakey on 10/23/2024 at 11:00 AM. (Pittaway, Lydia) |
Filing 14 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for temporary restraining order (Attachments: #1 Exhibit One: Declaration of L. Pittaway)(Pittaway, Lydia) |
Filing 13 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) (Pittaway, Lydia) |
Filing 12 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW (Pittaway, Lydia) |
Filing 11 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to seal (Pittaway, Lydia) |
Filing 10 SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation EXHIBITS ONE THROUGH THREE TO THE DECLARATION OF JUN WU (DOC. 8): Exhibit One: Copyright Registrations, (Attachments: #1 Exhibit Two: Schedule A, #2 Exhibit Three: Evidence)(Pittaway, Lydia) |
Filing 9 DECLARATION of JUN WU (Pittaway, Lydia) |
Filing 8 SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AMENDED SCHEDULE A (Pittaway, Lydia) |
Filing 7 ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Michael Thomas Stanley (Stanley, Michael) |
Filing 6 MAILED Copyright report to Registrar, Washington DC (smb, ) |
Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation (Pittaway, Lydia) |
Filing 4 SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation SCHEDULE A (Pittaway, Lydia) |
Filing 3 ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Lydia Pittaway (Pittaway, Lydia) |
Filing 2 CIVIL Cover Sheet (Pittaway, Lydia) |
Filing 1 COMPLAINT filed by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22531871. (Attachments: #1 Exhibit One: Registrations, #2 Exhibit Two: CBP Report, #3 Exhibit Three: Law Review Article, #4 Exhibit Four: HSI Report)(Pittaway, Lydia) |
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, ) |
CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). (bi, ) |
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Plaintiff: Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation | |
Represented By: | Lydia Pittaway |
Represented By: | Michael Thomas Stanley |
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Defendant: The Partnerships And Unincorporated Associations Identified On Schedule A | |
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