KTM AG v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| KTM AG |
| 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 |
| 1:2024cv11374 |
| November 5, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Sara L Ellis |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on January 2, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 52 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction #49 before Honorable Sara L. Ellis on 1/7/2025 at 09:30 AM. (Hierl, Michael) |
| Filing 51 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #49 (Hierl, Michael) |
| Filing 50 MEMORANDUM by KTM AG in support of motion for preliminary injunction #49 (Hierl, Michael) |
| Filing 49 MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (vjd, ) |
| Filing 48 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/20/2024: Mailed notice. (tg, ) |
| Filing 47 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order #45 . The Court extends the temporary restraining order through 1/8/2025. Status date of 1/7/2025 at 9:30 AM to stand and Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Mailed notice. (jjr, ) |
| Filing 46 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #45 before Honorable Sara L. Ellis on 12/19/2024 at 01:45 PM. (Hierl, Michael) |
| Filing 45 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 44 SURETY BOND in the amount of $10,000 posted by KTM AG (Document not scanned). (smb, ) |
| Filing 43 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sara L. Ellis on 12/11/2024. (td, ) |
| Filing 42 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of time #34 . The Court grants Plaintiff's motion for a temporary restraining order #37 . The Court strikes the status date set for 12/10/2024 and resets it to 1/7/2025 at 9:30 AM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (rj, ) |
| Filing 41 SEALED DOCUMENT by Plaintiff KTM AG Sealed Exhibit 2 to Memorandum (Hierl, Michael) |
| Filing 40 MEMORANDUM by KTM AG Plaintiff's Memorandum in Support of Joinder (Attachments: #1 Exhibit 1, #2 Exhibit 3)(Hierl, Michael) |
| Filing 39 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 to Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 38 MEMORANDUM by KTM AG in support of motion for temporary restraining order, #37 (Attachments: #1 Declaration Trunkenpolz-Sigl Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 37 MOTION by Plaintiff KTM AG for temporary restraining order Plaintiff's Renewed 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 36 SEALED DOCUMENT by Plaintiff KTM AG Amended Schedule A (Hierl, Michael) |
| Filing 35 AMENDED complaint by KTM AG against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| Filing 34 MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for a First Extension of Time to File an Amended Complaint and Memorandum in Support of Joinder (Hierl, Michael) |
| Filing 33 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for leave to file under seal #7 and motion for leave to file excess pages #10 and denies Plaintiff's motion for entry of a temporary restraining order #11 without prejudice. Plaintiff filed this case against 292 defendants for infringing 2 different registered trademarks owned by Plaintiff. Under Rule 20, a plaintiff may join multiple defendants in a single action if: (1) the claims against them are asserted with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and (2) a question of law or fact common to all defendants exists. Fed. R. Civ. P. 20(a)(2)(A)(B). In reviewing the complaint and accompanying documents filed in this case, it does not appear that joinder is proper as to all Defendants. As the Court stated in Roadget Business Pte. Ltd. v. The Individuals, Corporations, Limited Liability Cos., Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, alleging that multiple defendants have infringed on the same copyright, trademark, or patent in the same way, without more, does not create the substantial evidentiary overlap required to find joinder proper. No. 23 C 17036, 2024 WL 1858592, at *67 (N.D. Ill. Apr. 29, 2024). The Court directs Plaintiff to file an amended complaint by 11/26/2024, as well as a statement on joinder explaining how the remaining Defendants comply with the Courts order in Roadget. The Court sets a telephonic status date for 12/10/2024 at 9:45 AM. Plaintiff may refile its motion for entry of a temporary restraining order and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (rj, ) Modified on 11/12/2024 (rj, ). |
| Filing 32 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jn,) |
| Filing 31 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jn,) |
| Filing 30 NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document #7 , motion for leave to file excess pages #10 , motion for temporary restraining order, #11 before Honorable Sara L. Ellis on 11/13/2024 at 09:45 AM. (Hierl, Michael) |
| Filing 29 Notice of Claims Involving Trademarks by KTM AG (Hierl, Michael) |
| Filing 28 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 16 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 27 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 15 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 26 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 14 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 25 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 13 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 24 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 12 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 23 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 11 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 10 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 9 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 8 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 7 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 6 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 5 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 4 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 3 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 2 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 1 of Trunkenpolz-Sigl Declaration (Hierl, Michael) |
| Filing 12 MEMORANDUM by KTM AG in support of motion for temporary restraining order, #11 (Attachments: #1 Declaration Trunkenpolz-Sigl Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 11 MOTION by Plaintiff KTM AG 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 10 MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM AG (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff KTM AG Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff KTM AG by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 405, receipt number AILNDC-22690568. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (lj, ) |
| 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. (lj, ) |
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| Plaintiff: KTM AG | |
| Represented By: | Michael A. Hierl |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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