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2026-cv-09168

Capcom Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2026-07-31
原告:Capcom Co., Ltd.
代理律所:TME
诉讼类型:商标、版权
# Date Description
[+] 1 2026-07-31 COMPLAINT filed by Capcom Co., Ltd.; Filing fee $ 405, receipt number AILNDC-25467831.
2 2026-07-31 SEALED EXHIBIT by Plaintiff Capcom Co., Ltd. Schedule A regarding complaint 1
3 2026-07-31 MOTION by Plaintiff Capcom Co., Ltd. for Leave to File Certain Documents Under Seal
4 2026-07-31 CIVIL Cover Sheet
5 2026-07-31 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Capcom Co., Ltd.
6 2026-07-31 Notice of Claims Involving Trademarks by Capcom Co., Ltd.
7 2026-07-31 ATTORNEY Appearance for Plaintiff Capcom Co., Ltd. by Martin Francis Trainor
8 2026-07-31 ATTORNEY Appearance for Plaintiff Capcom Co., Ltd. by Alexander Whang
[+] 9 2026-07-31 ATTORNEY Appearance for Plaintiff Capcom Co., Ltd. by Victor Benjamin Chahin, Jr
10 2026-08-03 MAILED Trademark report to Patent Trademark Office, Alexandria VA
11 2026-08-03 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
[+] 12 2026-08-06 AMENDED complaint by Capcom Co., Ltd. against The Partnerships and Unincorporated Associations Identified on Schedule A
13 2026-08-06 SEALED EXHIBIT by Plaintiff Capcom Co., Ltd. Schedule A regarding amended complaint, 12
14 2026-08-06 MOTION by Plaintiff Capcom Co., Ltd. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
[+] 15 2026-08-06 MEMORANDUM by Capcom Co., Ltd. in support of motion for miscellaneous relief 14
[+] 16 2026-08-06 DECLARATION of Robert Johns regarding memorandum in support of motion 15
[+] 17 2026-08-06 SEALED EXHIBIT by Plaintiff Capcom Co., Ltd. Exhibit 3, Parts 1-12 regarding declaration 16
18 2026-08-06 MOTION by Plaintiff Capcom Co., Ltd. for Authorization to Provide Electronic Notice of Any Forthcoming Motion for Entry of a Preliminary Injunction
19 2026-10-14 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 3, motion to provide electronic notification of any forthcoming motion for entry of preliminary injunction 18, and motion for a temporary restraining order, including a temporary injunction and a temporary asset restraint, and expedited discovery 14 are granted. At the outset, the Court notes that plaintiff has presented evidence of completed purchases of the allegedly infringing products to customers in Illinois, (Dckt. #17). See Liu v. Monthly, 170 F.4th 1090 (7th Cir. 2026). Moreover, 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 motion to seal. The Temporary Restraining Order that will be being entered with this order will 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If plaintiff intends to file a motion for leave for electronic service, it must comply with the dicates of Kangol LLC v. Hangzhou Chuanyue Silk Imp. & Exp. Co., 177 F.4th 793, 799 (7th Cir. 2026). In Kangol, the Seventh Circuit held that the Hague Service Convention "prohibits service by email in China." Id. at 795. The Court acknowledged, however, that the Convention does not apply if the defendant's address is unknown. Id. at 799. "[C]ourts handling Schedule A cases typically require plaintiffs to make "'reasonably diligent efforts to ascertain and verify [the] defendant's mailing address' before deeming the defendant's address unknown." Id., quoting NBA Props., Inc. v. P'ships and Unincorporated Ass'ns Identified in Schedule "A", 549 F. Supp. 3d 790, 796 (N.D.Ill. 2021). "[B]are assertions regarding the reliability of Defendant[s]' publicly available address[es] are not a substitute for actual diligence." NBA Props., 549 F.Supp.3d at 796. Enter Sealed TRO. Tracking status hearing set for 11/16/26 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
20 2026-10-14 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 10/14/2026 Mailed notice
21 2026-10-20 NOTICE of Voluntary Dismissal by Capcom Co., Ltd. as to a certain defendant
25 2026-10-21 SURETY BOND in the amount of $ 10,000.00 posted by Capcom Co., Ltd.
22 2026-10-23 MOTION by Plaintiff Capcom Co., Ltd. to Extend the Temporary Restraining Order
[+] 23 2026-10-23 MEMORANDUM by Capcom Co., Ltd. in support of motion for miscellaneous relief 22
24 2026-10-28 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend the TRO 22 is granted. The TRO entered on 10/14/26 is extended to 11/11/26. Mailed notice
[+] 26 2026-11-06 MOTION by Plaintiff Capcom Co., Ltd. for preliminary injunction
[+] 27 2026-11-06 MEMORANDUM by Capcom Co., Ltd. in support of motion for preliminary injunction[26]
28 2026-11-10 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction [26]. 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 or before November 24, 2026." If no objections are filed by that date, the Court will consider the motion unopposed. 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. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. The 11/16/26 tracking status hearing is stricken and reset to 12/18/26 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
[+] 29 2026-11-12 CERTIFICATE of Service by Martin Francis Trainor on behalf of Capcom Co., Ltd.