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2024-cv-00138

Atari Interactive, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A to the Complaint

法院：伊利诺伊州北法院
发案日期：2024-01-04
原告：Atari Interactive, Inc.
代理律所：BOIES
诉讼类型：商标
# Date Description
[+] 1 2024-01-05 COMPLAINT filed by Atari Interactive, Inc.; Filing fee $ 405, receipt number AILNDC-21492386.
2 2024-01-05 CIVIL Cover Sheet
3 2024-01-05 ATTORNEY Appearance for Plaintiff Atari Interactive, Inc. by Samantha Diane Parrish
4 2024-01-05 SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. - Schedule A to Complaint
5 2024-01-05 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Atari Interactive, Inc.
[+] 6 2024-01-05 CLAIM - AO 120 Form (Trademarks) by Atari Interactive, Inc.
[+] 9 2024-01-05 MOTION by Plaintiff Atari Interactive, Inc. for leave to file excess pages re Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order
[+] 10 2024-01-05 DECLARATION of Samantha Parrish in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order
[+] 11 2024-01-05 DECLARATION of Kathryn Butters in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order
[+] 12 2024-01-05 SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. - Exhibit 3 to Declaration of Kathryn Butters - (Part 1 of 20)
13 2024-01-08 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
14 2024-01-08 EMAILED to plaintiff(s) counsel Lanham Mediation Program materials.
15 2024-02-02 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 7 is granted. Both Schedule A 4 and Exhibit 3 to the Declaration of Kathryn Butters 12 shall remain sealed until further court order. Plaintiff names 156 defendants in this single case and seeks ex parte TRO relief against each of them 8. However, after reviewing the complaint 1, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/16/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. Plaintiff's motion for leave to file excess pages 9 is granted. The motion for a TRO 8 is taken under advisement until the joinder issue is resolved. Emailed notice.
16 2024-02-16 NOTICE of Voluntary Dismissal by Atari Interactive, Inc. of Certain Defendants Nos. 49, 52, 53, 55, 57, 58, 65, 66, 68, 71, 72, 74, 80, 99, 103, 117, 127, and 152
[+] 17 2024-02-16 SUPPLEMENT to Plaintiff's Supplemental Memorandum in Support of its Ex Parte Motion for Entry of a Temporary Restraining Order
18 2024-02-16 SEALED DOCUMENT by Plaintiff Atari Interactive, Inc. Appendix A
19 2024-02-16 MOTION by Plaintiff Atari Interactive, Inc. to seal Appendix A to Plaintiff's Supplemental Memorandum in Support of its Ex Parte Motion for Entry of a TRO
20 2024-03-29 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Under Seal 19 is granted. Plaintiff's Appendix A 18 shall remain under seal until further court order. Emailed notice.
21 2024-04-02 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0008: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sunil R. Harjani; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Sunil R. Harjani; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Sunil R. Harjani's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's criminal case assignment system ninety (90) days so that Judge Harjani shall thereafter receive a full share of such cases. Case reassigned to the Honorable Sunil R. Harjani for all further proceedings. Honorable LaShonda A. Hunt no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.
22 2024-04-11 MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Plaintiff's motion for a temporary restraining order 8 and supplemental memorandum regarding joinder are taken under advisement. The Court will issue a ruling via CM/ECF. Mailed notice
23 2024-04-23 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Supplemental Memorandum 17 establishing joinder as directed by Judge Hunt. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 138 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, an asset restraint, expedited discovery, and service of process by email and/or electronic publication 8 is granted. Plaintiff's submissions 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. The Temporary Restraining Order being entered in due course will be placed under seal. In addition, for the purpose of the motion cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. By 4/25/2024, plaintiff shall submit the proposed TRO to the Court's proposed order inbox for entry. Counsel should also be aware that Judge Harjani presumptively requires a bond of $1,000 per defendant. Plaintiff should inform the Court of any circumstances that make such a bond inappropriate. Mailed notice
26 2024-05-01 MINUTE entry before the Honorable Sunil R. Harjani: Enter Sealed Temporary Restraining Order at 12:00 p.m. on 5/1/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/8/2024. Telephone status hearing set for 5/15/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
27 2024-05-01 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 5/1/2024. Mailed notice
[+] 29 2024-05-09 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 28 is granted. For the reasons stated in Plaintiff's Memorandum [28-1], the Court finds good cause to extend the temporary restraining order an additional 14 days to 5/29/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 5/22/2024. Telephone status hearing set for 5/15/2024 is stricken and reset to 5/29/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
30 2024-05-22 NOTICE of Voluntary Dismissal by Atari Interactive, Inc. of Certain Defendant Nos. 32, 34, 37, 39, 41, 46, 49, 50, 53, 54, 55, 56, 57, 58, 65, 66, 67, 68, 72, 74, 80, 99, 102, and 127
31 2024-05-22 SUMMONS Returned Executed by Atari Interactive, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint on 5/22/2024, answer due 6/12/2024.
32 2024-05-22 MOTION by Plaintiff Atari Interactive, Inc. for preliminary injunction
35 2024-05-28 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 32 is granted. Plaintiff's filings establish that it 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 34 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 5/29/2024 is stricken. Summons were issued on 5/22/2024, and Defendants' responses to the complaint are due by 6/12/2024. Plaintiff should file any motion for entry of default and default judgment by 7/10/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 7/18/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
36 2024-05-28 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 5/28/2024. Mailed notice
37 2024-06-14 NOTICE of Voluntary Dismissal by Atari Interactive, Inc. of Certain Defendants Nos. 33 (adam6464), 38 (c.o.a.t), 40 (cejjfamily), and 48 (justin_voorhees)
38 2024-07-08 MOTION by Plaintiff Atari Interactive, Inc. for default judgment as to the Defendants identified on the First Amended Schedule A
39 2024-07-08 MEMORANDUM by Atari Interactive, Inc. in support of motion for default judgment 38
[+] 40 2024-07-08 DECLARATION of Samantha Parrish regarding motion for default judgment 38
41 2024-07-10 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 38 for entry of default and default judgment against all remaining defendants identified in First Amended Schedule A [40-3]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 7/17/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 7/17/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 7/24/2024 at 9:15 a.m. Telephone status hearing set for 7/18/2024 is stricken. Mailed notice
42 2024-07-10 AFFIDAVIT of Service filed by Plaintiff Atari Interactive, Inc. regarding [DE 41] July 10, 2024 Court Order served on Defendants on July 10, 2024
43 2024-07-18 MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 38 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks and copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 42 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 7/24/2024 is stricken. The one hundred and twenty-three thousand dollar ($123,000) bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Plaintiff or their counsel. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Enter separate Final Default Judgment Order. Civil case terminated.Mailed notice
44 2024-07-18 FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 7/18/2024. Mailed notice