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1
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2023-08-31 |
COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-20995894. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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2
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2023-08-31 |
SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint[1] |
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3
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2023-08-31 |
MOTION by Plaintiff General Motors LLC for leave to file under seal |
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4
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2023-08-31 |
CIVIL Cover Sheet |
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5
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2023-08-31 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC |
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6
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2023-08-31 |
Notice of Claims Involving Trademarks by General Motors LLC |
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7
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2023-08-31 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio |
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8
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2023-08-31 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler |
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9
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2023-08-31 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen |
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[+]
10
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2023-08-31 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel S Miller |
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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. |
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. |
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11
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2023-09-01 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA |
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12
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2023-09-01 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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13
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2023-09-07 |
MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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14
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2023-09-07 |
MEMORANDUM by General Motors LLC in support of motion for temporary restraining order[13] |
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15
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2023-09-07 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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[+]
16
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2023-09-07 |
DECLARATION of Andrea Ankawi regarding memorandum in support of motion[14] |
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Exhibit 1 |
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17
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2023-09-07 |
SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1-9 regarding declaration[16] |
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18
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2023-09-07 |
MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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19
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2023-09-07 |
MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief[18] |
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20
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2023-09-07 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] |
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Exhibit 1 |
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Exhibit 2 |
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21
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2023-11-20 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [13], and motion for electronic service of process [18] are granted in part. Plaintiff's submissions (e.g., Dkt. [15], [16]) 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries [2] and [17]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining an equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 goods, 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. As several judges have previously noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
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22
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2023-11-20 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 11/20/2023 |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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23
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2023-11-29 |
MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order |
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24
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2023-11-29 |
MEMORANDUM by General Motors LLC in support of extension of time[23] |
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Declaration of Jake M. Christensen |
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26
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2023-11-30 |
SURETY BOND in the amount of $ 10,000.00 posted by General Motors LLC. (Document not scanned) |
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25
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2023-12-01 |
EXTENSION OF TEMPORARY RESTRAINING ORDER granting motion [23] signed by the Honorable John F. Kness on 12/1/2023. Mailed notice |
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27
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2023-12-13 |
MOTION by Plaintiff General Motors LLC for preliminary injunction as to Certain Defendants |
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Exhibit A |
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28
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2023-12-13 |
MEMORANDUM by General Motors LLC in support of motion for preliminary injunction[27] |
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Declaration of Jake M. Christensen |
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Exhibit 1 |
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29
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2023-12-13 |
SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/13/2023, answer due 1/3/2024. |
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Declaration of Rachel S. Miller |
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Exhibit A |
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30
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2023-12-18 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Marcella Deshonda Slay |
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31
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2023-12-21 |
MOTION by Attorney Jake M. Christensen to withdraw as attorney for General Motors LLC. No party information provided |
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32
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2023-12-21 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendant |
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33
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2023-12-21 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [27] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all remaining 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 on or before 12/27/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
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34
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2023-12-21 |
CERTIFICATE of Service by Plaintiff General Motors LLC per [33] |
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Exhibit A |
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35
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2023-12-28 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants |
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36
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2023-12-28 |
MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney [31] is granted. Attorney Jake Michael Christensen is withdrawn as counsel of record. Mailed notice. |
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37
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2023-12-28 |
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 Executive Committee on 12/28/2023: Mailed notice. |
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38
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2024-01-04 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants |
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39
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2024-01-11 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants |
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40
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2024-01-18 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants |
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41
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2024-02-01 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants |
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42
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2024-02-08 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants |
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43
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2024-02-23 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [27] is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 [44] that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite being given [33] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice. |
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44
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2024-02-23 |
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/23/2024. Mailed notice. |
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NEW PARTIES: Shop1102718553 Store, Shop1102890508 Store, shop1386 Store, Shop4037012 Store, Shop5071025 Store, Shop5072362 Store, Shop5082077 Store, Shop5248056 Store, Shop5607298 Store, Shop5879025 Store, Shop619882 Store, Shop910325358 Store Store, Shop910338174 Store, Shop910699006 Store, Shop911049138 Store, Shop911329097 Store, Shop911331074 Store, Shop911384135 Store, Shop911414118 Store, Shop911417621 Store, Shop911419114 Store, Shop911758568 Store, Shop912072093 Store, Sinley-Fashion Store, Splendid car store Store, Super Car Store, teckzoom Official Store, timmy Store, TOBENO1 Store, TOP BCARS No8 Car Decoration Store, TopTShirt2021 Store, wall sign002 Store, Wallin jewel 0728 Store, xh66668 Store, xiao li Store, xiaoli 2345 Store, XIONG11 Store, XLSYDLSD Store, YooBaby Store, Ypodshat Store, YU HANG Store, ZoomSpd Store, A5UTB0B0X35GP, aizitiaili abulizidebaihuodian, anqingjiganshangmaoyouxiangongsi, Augwell, AutoLimoy, AVNJ7IE3HTUCF, chengduxiongshenghuawangluokeji, guangzhounanwangkejiyouxiangongsi, guangzhousuihushangmaoyouxiangongsi, Hasmile, Lmflxzb, mian xian jin yi qun zi bai huo dian, Minggong Department Store, mingyangfudongxiaodian, MOHITTO, Naibaior, NAIKANGBAIHUO, NEON QIONG, nihaoshuai, nningchechushangmaoyouxiangon, NN's Fortune Rabbit Sign, Novsen, okabay123, OuBianShangMao, ouminxiaoxiang, pingtanmengtingdianzishangwugongzuoshi, Proudly Ship From USA, Putian Xiuyu Lanqin Trading Co., Ltd, putianshichengxiangqulaimiejiemaoyi, puwang-shop, QiaMinQiuBaiHuo, qiang316259652, qingyuzapu, qinmeihuaaa, qionghailiushunliwangluokejiyouxiangongsi, QiongHaiShiYuPianPiShangMaoYouXianGongSi, QiongZhongQianWeiBangShangMaoYouXianGongSi, RENZHANGCOMPA, rongzhidibaihuodian, RuiErTe, RuiHuiTeng, RuiTengHengQi, Sanrenxingshangmao-US, Scene name, SCQYYX, ai802, ai818, ai837, h7i8, hcy1227, ns4630, omkc Store, ppy3 Store, py879, qqueyyueg Store, r2cj Store, s98z Store, u1go Store, u4qf Store, vzav Store, xhxv Store, yangmingxue Store, accessories-factory-momo, arnold4580, bui413941, covuk_0, culed_94, laora-8, mj668ty, mkuang5, obd2-solutions, pongee86, qiantrade, qrag19, sadeg3d2, seke_3496, shanxizeruyuhuanbaog-0, shihe_24, showmaker-store, smokealarm002, smooth-spark-plug, sorteme-99, star-room, taidung-vn, taojianyang, tdgsazw21, thuple_28, trnguy_3547, tumcu2, us-store01, Beautiful makeup sister, Oh flash waist car supplies, Retro Poster, heatherina, n1ce, NiceStickers, nicollewaelchi82, Oseye, rjahsv, sauerlatashia, sfj xis, Shelby Salazar, Show business, ssj85209, Stefano Vicini, Steven MORROW, Sunshine Mann, sunyuan00852, Susan Brunhofer, suwook12, suyongtao, svrcbhf, tangxingxing, tanjun321, taohonghua, Tawn-yuh McWilling, Taylor777, teringgyrom, Theresa Bozarth, tianyuhua25180, trajhg, TreasureUncle, tungtinga, ukjh, vajkshg, vbjdrystertar, vfhhity, wangbo7116, wanghchuanj, wanghuimin19961120, wangjianping1475, wangjinliuzi, wangjinxia2652, wangmingjie Store, wangsiyuan Store and wangtang2020 added to case caption. |
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45
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2024-02-26 |
SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/26/2024, answer due 3/18/2024. |
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Declaration of Rachel S. Miller |
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Exhibit A |
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46
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2024-03-25 |
MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants |
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Exhibit A |
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47
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2024-03-25 |
MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment[46] |
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Exhibit 1 |
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[+]
48
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2024-03-25 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[47] |
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Exhibit 1 |
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49
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2024-03-27 |
ORDER: The motion [46] seeking a default judgment is granted. Enter separate Final Judgment Order. Civil case terminated. Signed by the Honorable John F. Kness on 3/27/2024. Mailed notice. |
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50
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2024-03-27 |
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 3/27/2024. Mailed notice. |
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51
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2024-03-28 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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52
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2024-04-04 |
FULL SATISFACTION of Judgment regarding order[50] in the amount of $100,000 as to certain defendants |
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53
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2024-05-16 |
FULL SATISFACTION of Judgment regarding order[50] in the amount of $100,000 as to certain defendant |
