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1
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2025-11-13 |
COMPLAINT filed by Swarovski Aktiengesellschaft, Swarovski North America Limited; Filing fee $ 405, receipt number AILNDC-24344672. |
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Exhibit 1 |
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2
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2025-11-13 |
SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Schedule A regarding complaint[1] |
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3
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2025-11-13 |
SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Exhibit 2 regarding complaint[1] |
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4
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2025-11-13 |
MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for leave to file under Seal |
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5
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2025-11-13 |
CIVIL Cover Sheet |
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6
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2025-11-13 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Swarovski Aktiengesellschaft, Swarovski North America Limited |
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7
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2025-11-13 |
Notice of Claims Involving Trademarks by Swarovski Aktiengesellschaft, Swarovski North America Limited |
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8
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2025-11-13 |
ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Justin R. Gaudio |
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9
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2025-11-13 |
ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Amy Crout Ziegler |
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10
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2025-11-13 |
ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Marcella Deshonda Slay |
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[+]
11
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2025-11-13 |
ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Thomas Joseph Juettner |
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CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.) |
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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. (Text entry; no document attached.) |
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12
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2025-11-13 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal [4] is granted. Mailed notice. |
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13
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2025-11-14 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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14
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2025-11-14 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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15
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2025-11-17 |
MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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16
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2025-11-17 |
MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for temporary restraining order[15] |
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17
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2025-11-17 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] |
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18
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2025-11-17 |
DECLARATION of Gerard Bareille regarding memorandum in support of motion[16] |
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Exhibit 1 |
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19
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2025-11-17 |
SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Exhibit 2 regarding declaration[18] |
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20
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2025-11-17 |
MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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21
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2025-11-17 |
MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for miscellaneous relief[20] |
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22
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2025-11-17 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21] |
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23
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2025-11-17 |
MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Additionally, to the extent Plaintiff also makes a motion for expedited discovery or for an order permitting electronic service of process, Plaintiff should submit a proposed order for that relief that is separate from the proposed order for the TRO and asset restraint. The proposed order for the TRO and asset restraint should name the relevant defendants directly in the order, without reference to Schedule A. Mailed notice. |
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24
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2025-11-17 |
MINUTE entry before the Honorable Thomas M. Durkin: The motion for a temporary restraining order ("TRO") including a temporary injunction, a temporary asset restraint, and expedited discovery [15] is granted in part and denied in part without prejudice. The motion is granted as to Defendant Nos. 3, 4, and 5 and denied as to Defendant Nos. 1, 2, 6, 10, 12, 14, and 15. Defendant Nos. 1,2,6, 10, 12, 14, and 15 sell car tissue boxes and steering wheel covers with the image of a swan. E.g., R. 19 at 3-9, 19-35. Plaintiff argues that these Defendants infringe on certain trademarks, but the identified trademark registrations do not appear to cover these types of goods. Compare id. with R. 1-1 at pp. 1821, 2830. Any renewed motion for a TRO as to these Defendants should address this issue. The motion for electronic service of process [20] is granted. Plaintiff shall provide updated proposed orders consistent with this order to the Court's Proposed Order Inbox. Mailed notice. |
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25
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2025-11-19 |
MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for reconsideration regarding order on motion for temporary restraining order, order on motion for miscellaneous relief, text entry, [24] |
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26
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2025-11-19 |
MINUTE entry before the Honorable Thomas M. Durkin: Upon review of Plaintiff's motion for reconsideration, pertinent case authority, and the record, the Court finds that Plaintiff has shown a likelihood of success on the merits of a trademark infringement claim against all defendants named in the motion for a temporary restraining order. That motion [25] is granted, and the order at Dkt. 24 is amended as follows. The motion for a temporary restraining order ("TRO") including a temporary injunction, a temporary asset restraint, and expedited discovery [15] is granted. The motion for electronic service of process [20] is granted. Enter orders. Mailed notice. |
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27
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2025-11-19 |
SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 11/19/2025. Mailed notice. |
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28
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2025-11-19 |
SEALED ORDER Authorizing Expedited Discovery and Electronic Service of Process. Signed by the Honorable Thomas M. Durkin on 11/19/2025. Mailed notice. |
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29
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2025-11-20 |
Registry Deposit Information Form by Swarovski Aktiengesellschaft, Swarovski North America Limited |
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30
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2025-11-20 |
SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited |
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31
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2025-11-20 |
SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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32
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2025-11-26 |
MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for extension of time of Temporary Restraining Order |
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33
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2025-11-26 |
MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of extension of time[32] |
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34
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2025-11-26 |
DECLARATION of Marcella D. Slay regarding memorandum in support of motion[33] |
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35
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2025-12-01 |
MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order [32] is granted. The Temporary Restraining Order entered on 11/19/2025 is extended by a period of fourteen (14) days until 12/17/2025. Mailed notice. |
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36
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2025-12-01 |
SURETY BOND in the amount of $ 10,000 posted by Swarovski Aktiengesellschaft, Swarovski North America Limited (document not scanned) |
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37
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2025-12-10 |
MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for preliminary injunction |
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Exhibit A |
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[+]
38
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2025-12-10 |
MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for preliminary injunction[37] |
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Declaration of Marcella D. Slay |
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39
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2025-12-10 |
SUMMONS Returned Executed by Swarovski Aktiengesellschaft, Swarovski North America Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/10/2025, answer due 12/31/2025. |
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Declaration of Thomas J. Juettner |
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Exhibit A |
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40
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2025-12-10 |
MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction [37] is set for 12/17/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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 of 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. Mailed notice. |
