Those Characters from Cleveland, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Those Characters from Cleveland, LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 1:2024cv09165 |
| September 30, 2024 |
| U.S. District Court for the Northern District of Illinois |
| John Robert Blakey |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
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| Document Text |
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| Filing 40 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Gorman Exhibit 3 (Hierl, Michael) |
| Filing 39 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Amended Schedule A (Hierl, Michael) |
| Filing 38 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 (Hierl, Michael) |
| Filing 37 Second Amended Complaint AMENDED complaint by Those Characters from Cleveland, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2)(Hierl, Michael) |
| Filing 36 MINUTE entry before the Honorable John Robert Blakey: In this lawsuit, Plaintiff seeks to sue 34 separate defendants for trademark and copyright infringement, see #34 , #35 . In support of joinder, Plaintiff alleges that Defendants "share unique identifiers, such as design elements and similarities of the counterfeit t-shirts offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." #34 4. Plaintiff also alleges that "the counterfeit products for sale in the Defendants' Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit products were manufactured by a common source and that Defendants are interrelated. Specifically, all Defendants are infringing Plaintiff's Trademarks and Copyrights on counterfeit t-shirts that are, offered for sale and sold through Defendants' Internet Stores." Id. 24. These allegations remain conclusory, and Plaintiff has failed to support them with screenshot or other evidence. As a result, the Court finds once again the Plaintiff has failed to provide a basis to join 34 Defendants in this one lawsuit. The Court dismisses without prejudice Plaintiff's amended complaint #34 for improper joinder. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may do so by 11/29/24. The Court reminds Plaintiff that any amended complaint must stand complete on its own, without any reference to dismissed pleadings, and must comply with Rule 11. Mailed notice (gel, ) |
| Filing 35 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Amended Schedule A (Hierl, Michael) |
| Filing 34 AMENDED complaint by Those Characters from Cleveland, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2)(Hierl, Michael) |
| Filing 33 MINUTE entry before the Honorable John Robert Blakey: Plaintiffs seeks to sue 250 separately identified Defendants for trademark and copyright infringement in this one lawsuit. See #1 , #8 . 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). Plaintiff does not specifically address the point but does allege that Defendants' Internet Stores are similar in some respects. Plaintiff alleges, for example, that "some of the Defendants' websites have identical layouts, even though different aliases were used to register the respective online marketplace accounts. In addition, the counterfeit products for sale in the Defendants' Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit products were manufactured by a common source and that Defendants are interrelated." #1 , paragraph 24. But these allegations remain conclusory, and Plaintiff does not support the conclusions with facts. Additionally, a review of the screenshot evidence shows a wide variety of products, layouts, photos and images, undermining the claim concerning similarities and "indicia" of relatedness. As a result, the Court finds that Plaintiff has failed to provide a basis to find that joinder of all 250 Defendants in this one lawsuit is appropriate. As a result, the Court dismisses the complaint #1 without prejudice, denies the pending motions #7 , #13 , #14 without prejudice, and strikes the 10/16/24 Notice of Motion date. 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 10/30/24. Should Plaintiff elect to amend, it should also shore up its allegations relating to personal jurisdiction. Plaintiff's initial complaint appears to be alleging personal jurisdiction based solely upon the maintenance of websites accessible in Illinois, see #1 , paragraphs 2, 5 (alleging, "on information and belief," that each of the defendants "has sold infringing products to residents of Illinois," but also alleging that personal jurisdiction remains predicated on the fact that "each Defendant has offered to sell and ship infringing products into this Judicial District"). The mere maintenance of a website accessible in Illinois 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."). If Plaintiff fails to file an amended complaint by 10/30/24, the Court will dismiss this case. Mailed notice (gel, ) |
| Filing 32 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, #14 , motion to seal document #7 , motion for leave to file excess pages #13 before Honorable John Robert Blakey on 10/16/2024 at 11:00 AM. (Hierl, Michael) |
| Filing 31 Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC (Hierl, Michael) |
| Filing 30 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 15 of Gorman Declaration (Hierl, Michael) |
| Filing 29 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 14 of Gorman Declaration (Hierl, Michael) |
| Filing 28 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 13 of Gorman Declaration (Hierl, Michael) |
| Filing 27 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 12 of Gorman Declaration (Hierl, Michael) |
| Filing 26 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 11 of Gorman Declaration (Hierl, Michael) |
| Filing 25 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 10 of Gorman Declaration (Hierl, Michael) |
| Filing 24 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 9 of Gorman Declaration (Hierl, Michael) |
| Filing 23 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 8 of Gorman Declaration (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 7 of Gorman Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 6 of Gorman Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 5 of Gorman Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration (Hierl, Michael) |
| Filing 15 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, #14 (Attachments: #1 Declaration Gorman Declaration, #2 Exhibit 1, #3 Exhibit 2 Part 1, #4 Exhibit 2 Part 2, #5 Declaration Hierl Declaration, #6 Exhibit Hierl Exhibit 1, #7 Exhibit Hierl Exhibit 2, #8 Exhibit Hierl Exhibit 3, #9 Exhibit Hierl Exhibit 4)(Hierl, Michael) |
| Filing 14 MOTION by Plaintiff Those Characters from Cleveland, LLC 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 13 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jcc, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA (jcc, ) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA (jxm, ) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-22537233. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (vjd, ) |
| 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. (vjd, ) |
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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: Those Characters from Cleveland, LLC | |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
| Represented By: | Michael A. Hierl |
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