Playboy Enterprises International, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Playboy Enterprises International, Inc. |
| 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 |
| 1:2024cv12863 |
| December 16, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on February 13, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend the TRO #25 is granted through 02/25/2025. On review of the status report, R. 26, the tracking status hearing of 02/14/2025 is reset to 02/28/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report and, if appropriate, a motion for preliminary injunction by 02/21/2025. Emailed notice (mw, ) |
| Filing 26 STATUS Report by Playboy Enterprises International, Inc. (Hierl, Michael) |
| Filing 25 MOTION by Plaintiff Playboy Enterprises International, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 27 SURETY BOND in the amount of $ 10,000.00 posted by Playboy Enterprises International, Inc. (Document not imaged) (td, ) |
| Filing 24 (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/28/2025. Emailed notice (mw, ) |
| Filing 23 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/28/2025. Emailed notice (mw, ) |
| Filing 22 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #18 for temporary restraining order and other relief is granted. The TRO will run through 02/11/2025. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The tracking status hearing of 01/31/2025 is reset to 02/14/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion), if appropriate, no later than 02/07/2025. The Plaintiff shall also file a status report on 02/07/2025. Plaintiff's motion for excess pages #17 is granted. Emailed notice (mw, ) |
| Filing 21 Notice of Claims Involving Trademarks by Playboy Enterprises International, Inc. (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Exhibit 2 to McCarthy Declaration (Hierl, Michael) |
| Filing 19 MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for temporary restraining order, #18 (Attachments: #1 Declaration McCarthy Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3, #7 Exhibit Hierl Exhibit 4)(Hierl, Michael) |
| Filing 18 MOTION by Plaintiff Playboy Enterprises International, Inc. 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 17 MOTION by Plaintiff Playboy Enterprises International, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: On review of the joinder filings, R. 13, 14, 15, the joinder inquiry is satisfied as to the 2 Defendants on Amended Schedule A. Not only do those Defendants use the same 12-array of images, the advertising text comprise the exact same 20 unique (and mostly unrelated) words in sequence. If the Plaintiff wishes to file a TRO motion, then the Plaintiff shall do so by 01/27/2025 (and email an MS Word version of the proposed order). Otherwise, the Plaintiff shall file a status report on 01/27/2025. The tracking status hearing of 01/17/2025 is reset 01/31/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 15 SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Exhibit AA (Hierl, Michael) |
| Filing 14 MEMORANDUM by Playboy Enterprises International, Inc. Plaintiff's Memorandum in Support of Joinder (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Amended Schedule A (Hierl, Michael) |
| Filing 12 AMENDED complaint by Playboy Enterprises International, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| Filing 11 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 12/27/2024: Mailed notice. (tg, ) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang:(1.) The motion #7 to seal is granted in light of the goal of asset restraint. (2.) But on review of the complaint and the TRO brief, the Court raises the propriety of joinder of the 185 Defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), and file a supplemental memorandum addressing the propriety of joinder by 01/08/2025. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 01/17/2025 at 8:30 a.m. Mailed notice (air, ) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Playboy Enterprises International, Inc. (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Playboy Enterprises International, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Playboy Enterprises International, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22845439. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| 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. (rjm, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (rjm, ) |
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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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| Plaintiff: Playboy Enterprises International, Inc. | |
| Represented By: | Michael A. Hierl |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
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