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2025-cv-06422

Dreams USA, Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2025-06-09
原告:Dreams USA, Inc.
代理律所:David Gulbransen
诉讼类型:商标、版权
# Date Description
[+] 1 2025-06-09 COMPLAINT filed by Dreams USA, Inc.; Filing fee $ 405, receipt number AILNDC-23599124.
2 2025-06-09 SEALED DOCUMENT by Plaintiff Dreams USA, Inc. Schedule A to Complaint
3 2025-06-09 CIVIL Cover Sheet
4 2025-06-09 USPTO Cover Sheet by Dreams USA, Inc.
5 2025-06-09 Affiliate Disclosure by Dreams USA, Inc.
6 2025-06-09 ATTORNEY Appearance for Plaintiff Dreams USA, Inc. by David Lee Gulbransen, Jr
[+] 7 2025-06-09 MOTION by Plaintiff Dreams USA, Inc. to seal document sealed document[2]
8 2025-06-13 SEALED DOCUMENT by Plaintiff Dreams USA, Inc. Revised Schedule A
9 2025-06-13 MOTION by Plaintiff Dreams USA, Inc. for temporary restraining order
[+] 10 2025-06-13 MEMORANDUM by Dreams USA, Inc. in support of motion for temporary restraining order[9]
11 2025-06-13 SEALED DOCUMENT by Plaintiff Dreams USA, Inc. Exhibit 1 to Delcaration of David Gulbransen
12 2025-06-13 MOTION by Plaintiff Dreams USA, Inc. for leave to file excess pages
13 2025-06-13 MOTION by Plaintiff Dreams USA, Inc. to seal document sealed document[11]
14 2025-06-17 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motions for leave to file under seal [7] [13], plaintiff's motion for temporary restraining order [9], and plaintiff's motion for leave to file excess pages [12] are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of [3] defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 6/25/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a single defendant or a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 7/23/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
15 2025-06-26 SEALED DOCUMENT by Plaintiff Dreams USA, Inc. Supplement in Support of Joinder
16 2025-07-21 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 7/23/2025 is stricken and reset to 8/13/2025. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
17 2025-07-29 ORDER Signed by the Honorable Sunil R. Harjani on 7/29/2025. [See Order For Details] Mailed notice
18 2025-07-29 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Memorandum [15] establishing joinder as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 3 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 motions for leave to file under seal [7] [13], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and motion for electronic service of process [9], and motion for leave to file excess pages [12] are 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. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motions to seal. 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 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. Enter Sealed Temporary Restraining Order at 12:45 p.m. on 7/29/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 8/5/2025. Telephone status hearing is set for 8/12/2025 at 9:15 a.m. Status hearing set for 8/13/2025 is stricken. Mailed notice
19 2025-07-29 SEALED EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE AND OTHER EQUITABLE RELIEF. Signed by the Honorable Sunil R. Harjani on 7/29/2025. Mailed notice
20 2025-08-07 CIVIL BOND in the amount of $ 3,000 posted by Dreams USA, Inc. (Document not Scanned).
21 2025-08-07 SUMMONS Submitted (Court Participant) for defendant(s) Yuyao Anshu Housewares Co., Ltd.and all other Defendants identified in the Complaint by Plaintiff Dreams USA, Inc.
22 2025-08-08 SUMMONS Issued (Court Participant) as to Defendant Partnerships and Unincorporated Associations Identified on Schedule A
23 2025-08-08 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff is directed to file a status report with an update on the case by 8/14/2025. Telephone status hearing set for 8/12/2025 is stricken and reset to 8/19/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
24 2025-08-08 MOTION by Plaintiff Dreams USA, Inc. for extension of time
25 2025-08-11 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 19 is granted. For the reasons stated in Plaintiff's Memorandum 19, the Court finds good cause to extend the temporary restraining order an additional 14 days to 8/26/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 8/19/2025. Telephone status hearing set for 8/19/2025 is stricken and reset to 8/26/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
26 2025-08-11 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [24] is granted. For the reasons stated in Plaintiff's Memorandum [24], the Court finds good cause to extend the temporary restraining order an additional 14 days to 8/26/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 8/19/2025. Telephone status hearing set for 8/19/2025 is stricken and reset to 8/26/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings.Mailed notice
27 2025-08-22 MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 8/26/2025 is stricken. Plaintiff shall file a status report with an update on the case by 8/29/2025. Mailed notice
28 2025-08-22 MOTION by Plaintiff Dreams USA, Inc. for preliminary injunction
[+] 29 2025-08-22 MEMORANDUM by Dreams USA, Inc. in support of motion for preliminary injunction[28]
30 2025-08-22 SUMMONS Returned Executed by Dreams USA, Inc. as to Partnerships and Unincorporated Associations Identified on Schedule A on 8/22/2025, answer due 9/12/2025.
31 2025-08-25 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [28] for entry of a preliminary injunction. In connection with that motion, plaintiff must 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 by 9/2/2025." 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 9/2/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. Tentative preliminary injunction hearing is set for 9/9/2025 at 9:15 a.m. Status report due 8/29/2025 is stricken. Mailed notice
32 2025-08-25 CERTIFICATE of Service by Plaintiff Dreams USA, Inc. regarding terminate hearings, [31]
33 2025-09-03 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [28] 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 finds 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 [32] 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: Schedule A [2], Revised Schedule A [8]; Exhibit 1 to Declaration of David Gulbransen [11]; Supplement in Support of Joinder [15]; and the TRO [19]. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 9/9/2025 is stricken. Summons was issued on 8/8/2025, and Defendants' responses to the complaint are due by 9/12/2025. Plaintiff should file any motion for entry of default and default judgment by 9/26/2025. 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 10/7/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
34 2025-09-03 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 9/3/2025. Mailed notice