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2023-cv-05337

Nike, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2023-08-14
原告:Nike, Inc.
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2023-08-10 COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20918209.
2 2023-08-10 SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1]
3 2023-08-10 MOTION by Plaintiff Nike, Inc. for leave to file under seal
4 2023-08-10 CIVIL Cover Sheet
5 2023-08-10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.
6 2023-08-10 Notice of Claims Involving Trademarks by Nike, Inc.
7 2023-08-10 ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio
8 2023-08-10 ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler
9 2023-08-10 ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay
[+] 10 2023-08-10 ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky
[+] 11 2023-08-15 AMENDED complaint by Nike, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
12 2023-08-15 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint[11]
13 2023-08-15 MOTION by Plaintiff Nike, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2023-08-15 MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order[13]
[+] 15 2023-08-15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]
[+] 16 2023-08-15 DECLARATION of Joe Pallett regarding memorandum in support of motion[14]
17 2023-08-15 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-10 regarding declaration[16]
18 2023-08-15 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 11-18 regarding declaration[16]
19 2023-08-15 CERTIFICATE of Service by Plaintiff Nike, Inc.
20 2023-08-16 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion [13] for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion [19] to the non-party providers of services to the defendants named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until noon on Tuesday, August 22, 2023, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the amended complaint. See Fed. R. Civ. P. 65(d)(2). The third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before noon on Tuesday, August 22, 2023. Plaintiff is ordered to serve the third-party providers with a copy of this order on or before August 17, 2023. Plaintiff must file a certificate of service on or before August 18, 2023. Mailed notice
21 2023-08-16 MINUTE entry before the Honorable Joan B. Gottschall: The notification [5] of affiliates filed by plaintiff states that "no publicly held corporation owns more than 5% of its stock." For the purpose of a notification of affiliates required by Local Rule 3.2, "'affiliate' is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." N.D. Ill. LR 3.2(a) (as amended May 5, 2022). Plaintiff must amend its notification of affiliates to clarify whether any individual or privately held entity meets Local Rule 3.2(a)'s definition of affiliate. Plaintiff is directed to file an amended notification of affiliates on or before 8/21/2023. Mailed notice
22 2023-08-16 CERTIFICATE of Service by Plaintiff Nike, Inc. regarding text entry, [20]
23 2023-08-17 ATTORNEY Appearance for Objector ContextLogic Inc. by Christine Elizabeth Skoczylas
24 2023-08-17 OBJECTIONS of Non-Party ContextLogic Inc.
25 2023-08-17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ContextLogic Inc.
26 2023-08-21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.
27 2023-08-21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.
28 2023-08-23 MINUTE entry before the Honorable Joan B. Gottschall: Non-party ContextLogic Inc. ("ContextLogic"), filed an objection [24] to plaintiff's motion for a temporary restraining order in which it states, "Although ContextLogic is a non-party, it does not dispute or contest the Court's jurisdiction over it with respect to the enforcement of a temporary restraining order proposed by Plaintiff that may be entered in this case or any obligations that ContextLogic may have thereunder." ECF No. 24 at 2. ContextLogic further states that it "does not understand Plaintiff to be alleging that ContextLogic is acting in active concert or participation with the named defendants," but it "specifically objects" to any such finding by the court. Id. at 2-3. Based on ContextLogic's non-opposition to the requested relief, plaintiff's motion [13] for temporary restraining order is granted. The court makes no finding on whether ContextLogic is acting in active concert or participation with the named defendants. Also granted is plaintiff's motion [3] for leave to file Schedule A to the complaint [2], Schedule A to the amended complaint [12], and Exhibit 3 to the Declaration of Joe Pallett (doc. nos. [17] and [18]) under seal. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for September 6, 2023, at 1:00 p.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 3 to the Declaration of Joe Pallett and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice
29 2023-08-23 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Joan B. Gottschall on 8/23/2023. Mailed notice
30 2023-08-24 MOTION by Plaintiff Nike, Inc.for Leave to Amend Schedule A to the Complaint Instanter
31 2023-08-24 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding MOTION by Plaintiff Nike, Inc.for Leave to Amend Schedule A to the Complaint Instanter 30
32 2023-08-28 SURETY BOND in the amount of $ 10,000.00 posted by Nike, Inc. (Document not scanned).
33 2023-08-31 MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order
[+] 34 2023-08-31 MEMORANDUM by Nike, Inc. in support of extension of time 33
35 2023-09-05 MINUTE entry before the Honorable Joan B. Gottschall: The deadline to request a hearing has come and gone (see [28]), and no request for a hearing has been received. Accordingly, plaintiff's motion [33] to extend the sealed temporary restraining order [29] to and including 9/20/2023 is granted. Enter order. The preliminary injunction hearing tentatively set for 9/6/2023 at 1:00 p.m. is stricken and reset to 9/20/2023 at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 3 to the Declaration of Joe Pallett, as well as to any e-mail addresses provided for defendants by third parties. Any notice must include a link to said website. Mailed notice
36 2023-09-05 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 9/5/2023. Mailed notice
37 2023-09-05 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [30] for leave to file an amended schedule of defendants is denied without prejudice because the motion, which names the plaintiff as Harry Styles, appears to have been filed in the incorrect case. Mailed notice
38 2023-09-06 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter
39 2023-09-06 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter [38]
40 2023-09-08 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 38 for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants 39, the following defendants have been dismissed: UFCGear, Line No. 73, and DKMILYAIR, Line No. 126. Mailed notice.
41 2023-09-15 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter
42 2023-09-15 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter 41
[+] 43 2023-09-15 MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
[+] 44 2023-09-15 MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief 43
[+] 45 2023-09-15 MOTION by Plaintiff Nike, Inc. for preliminary injunction
[+] 46 2023-09-15 MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction 45
47 2023-09-19 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [41] for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants [42], the following defendant has been dismissed: Wanwei Xianghao sports, Line No. 119. Mailed notice.
48 2023-09-19 MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline [26] of 9/18/2023, the preliminary injunction hearing set for 9/20/2023 is stricken. Plaintiff's motion for preliminary injunction [45] and motion for electronic service of process [43] are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal Schedule A to the complaint [2] and amended complaint [11], Exhibit 3 to the Declaration of Joe Pallett (ECF nos. [17] and [18]), and the temporary restraining order [29]. The law firm of Greer, Burns & Crain Ltd. is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 10/20/2023. Mailed notice.
[+] 49 2023-09-19 PRELIMINARY INJUNCTION ORDER signed by the Honorable Joan B. Gottschall on 9/19/2023. Mailed notice.
[+] 50 2023-09-25 SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/25/2023, answer due 10/16/2023.
51 2023-09-28 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint instanter
52 2023-09-28 AMENDED exhibit 2 Amended Schedule A
53 2023-10-04 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [51] for leave to file an amended Schedule A [52] to its complaint is granted. Plaintiff has dismissed defendant nos. 3, 5, 19, 37, 97, 98, 101, 102, 107, 110, 113, 114 and 122. Mailed notice
54 2023-10-05 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint instanter
55 2023-10-05 AMENDED exhibit[2] Amended Schedule A
56 2023-10-06 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 54 for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants 55, the following defendants have been dismissed: SDJDNSHIOO, Line No. 40; Guangzhou Xinhe Shoes Firm, Line No. 100; HL children shoes, Line No. 104; LoveWalking, Line No. 112; TARANIS, Line No. 117; and TARANIS KIDS SHOES, Line No. 118. Mailed notice
57 2023-10-12 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint instanter
58 2023-10-12 AMENDED exhibit 2 Amended Schedule A
59 2023-10-18 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [57] for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants [58], the following defendants have been dismissed: Ajlinglon, Line No. 49; running_shoe, Line No. 63; and SHI SHANG YUE SHOES, Line No. 115. Mailed notice
60 2023-10-18 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter
61 2023-10-18 AMENDED exhibit[2] Amended Schedule A
[+] 62 2023-10-18 MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants
[+] 63 2023-10-18 MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[62]
[+] 64 2023-10-18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[63]
65 2023-10-19 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [60] for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants [61], the following defendants have been dismissed: CAOXIANZHU, Line No. 14; Jiemin Commerce, Line No. 106; SHITUGE, Line No. 116; and Warrior bootery, Line No. 120. Mailed notice
66 2023-10-19 MINUTE entry before the Honorable Joan B. Gottschall: Any written response to, or request for hearing on, plaintiff's motion [62] for entry of default and for entry of default judgment is due on or before November 2, 2023. If no written response or request for a hearing is received by the deadline, the court will assume that defendants do not oppose the motion and will rule on the papers. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiff is ordered to serve defendants with a copy of this order and file a certificate of service on or before October 23, 2023. Mailed notice
67 2023-10-20 STATUS Report per 48 by Nike, Inc.
[+] 68 2023-10-20 CERTIFICATE of Service by Plaintiff Nike, Inc. regarding set motion and R&R deadlines/hearings, 66
69 2023-10-26 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint instanter
70 2023-10-26 AMENDED exhibit 2 Amended Schedule A
71 2023-10-30 ATTORNEY Appearance for Defendant LEA INTERNATIONAL GROUP LIMITED by Adam Edward Urbanczyk
72 2023-10-31 MINUTE entry before the Honorable Joan B. Gottschall: Defendant Lea International Group Limited is instructed to file its Local Rule 3.2 notice of affiliates on or before 11/2/2023. Mailed notice
73 2023-10-31 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by LEA INTERNATIONAL GROUP LIMITED
74 2023-10-31 MOTION by Defendant LEA INTERNATIONAL GROUP LIMITED for extension of time
75 2023-11-02 MINUTE entry before the Honorable Joan B. Gottschall: Any response to defendant Lea International Group Limited's motion [74] for an extension to and including 11/21/2023 of its deadline to answer or otherwise respond to the complaint is due by noon on 11/7/2023, after which time the motion will be taken under advisement.Mailed notice
76 2023-11-02 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint instanter
77 2023-11-02 AMENDED exhibit[2] Amended Schedule A
78 2023-11-07 RESPONSE by Nike, Inc. to MOTION by Defendant LEA INTERNATIONAL GROUP LIMITED for extension of time [74]
79 2023-11-07 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [76] for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants [77], the following defendant has been dismissed: Jdskjeieoe, Line No. 58. Mailed notice
80 2023-11-08 MINUTE entry before the Honorable Joan B. Gottschall: Upon consideration of plaintiff's response [78] in opposition, defendant Lea International Group Ltd.'s ("Lea") motion [74] for an extension to and including 11/21/2023 of its deadline to answer or otherwise respond to plaintiff's live complaint is granted. According to the affidavit of service on file in this case [50], the summons and complaint were served on 9/25/2023, making defendants' answer due 21 days later on 10/16/2023. Fed. R. Civ. P. 12(a)(1)(A)(i). Lea filed its pending motion [74] on 10/31/2023, so, as plaintiff argues, the "excusable neglect" standard of Fed. R. Civ. P. 6(b)(1)(B) governs Lea's motion. See, e.g., Bowman v. Korte, 962 F.3d 995, 998 (7th Cir. 2020). "To find 'excusable neglect,' courts should consider all relevant circumstances surrounding the party's neglect, including the prejudice to the non-movant, length of delay, and reason for delay." Id. (citing Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993)). Plaintiff argues that Lea has not articulated any facts in its motion constituting excusable neglect and cites several recent Lanham Act suits for the proposition that "Defendant's counsel has made a habit of failing to seek an extension of time in a timely manner." Resp. 2. Contrary to plaintiff's first argument, Lea represents in its motion [74] that it has recently retained counsel (Lea appeared on 10/30/2023, doc. no. [71]), that it has been engaging in settlement negotiations with plaintiff, and that it requires an extension of its answer deadline in an effort to avoid "unnecessary substantive motion practice." ECF No. 74 ¶ 3. Plaintiff does not contest these representations in its response. See Resp. 1. Missing a court deadline because settlement discussions are ongoing is a risky practice with nothing to recommend it. See, e.g., Saccameno v. Ocwen Loan Servicing, LLC, 2018 WL 10609656, at *2-3 (N.D. Ill. Oct. 11, 2018) (Gottschall, J.). However, plaintiff's attorneys share some of the responsibility for Lea's delay, given that they do not dispute that they were engaging in settlement discussions with Lea. In addition, the delay of approximately two weeks is relatively short, and plaintiff has identified no specific prejudice it will suffer if the extension is granted. Meanwhile, Lea will be subject to entry of an order of default and a default judgment if its motion is denied. For these reasons, the court finds that Lea's delay resulted from excusable neglect. See id.; Corbin v. Jensen, 2023 WL 7103160, at *2-3 (N.D. Ind. Oct. 26, 2023). In the future, counsel is strongly encouraged to file motions to extend a deadline before it expires regardless of whether settlement discussions are ongoing. Lea's deadline to answer or otherwise respond to the complaint is extended to and including 11/21/2023.Mailed notice
81 2023-11-09 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter
82 2023-11-09 AMENDED exhibit[2] Amended Schedule A
83 2023-11-14 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motions (doc. nos. [69] and [81]) for leave to file an amended schedule A to its live complaint are granted. In accordance with the amended schedule of defendants [82], the following defendants have been dismissed: aj_seller, Line No. 48; shengfamy888, Line No. 64; vipshoes168, Line No. 70; Dongguan Toyin Acrylic Products Co., Ltd, Line No. 1; LiuqianSHENG98825, Line No. 29; Persit Sports, Line No. 35. Mailed notice
84 2023-11-20 MOTION by Plaintiff Nike, Inc. for Leave to Amend Schedule A to the Complaint Instanter
85 2023-11-20 AMENDED exhibit[2] Amended Schedule A
86 2023-11-27 MINUTE entrybefore the Honorable Joan B. Gottschall: Plaintiff's motion [84] for leave to file an amended schedule A to its live complaint is granted. In accordance with the amended schedule of defendants [85], the following defendant has been dismissed: LEA INTERNATIONAL GROUP LIMITED, Line No. 127. Mailed notice
87 2023-11-27 MINUTE entry before the Honorable Joan B. Gottschall: The deadline to object to plaintiff's motion for entry of default and default judgment has come and gone (see doc. nos. [66] and [68]), and no objection has been filed. Plaintiff's motion [62] for entry of default and default judgment is granted. Enter default judgment. Civil case terminated. Mailed notice
88 2023-11-27 FINAL JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 11/27/2023.Mailed notice
89 2023-11-30 FULL SATISFACTION of Judgment regarding order[88] in the amount of $500,000 as to certain defendant
92 2024-01-18 NOTICE of Removal of Material [32] by John Summerfield from Greer, Burns & Crain, Ltd. (Exhibits).
90 2024-01-25 FULL SATISFACTION of Judgment regarding order[88] in the amount of $500,000 as to certain defendant
91 2024-01-29 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed two documents entitled "satisfaction of judgment" (Doc Nos. 89, 90) in which plaintiff "acknowledge[s] payment of an agreed upon damages amount. [sic] costs, and interest." Plaintiff "desires to release this [default] judgment" as to certain settling defendants. The court construes these documents as motions under Fed. R. Civ. P. 60(b)(5) to vacate the default judgment as to settling defendants because it has been "satisfied, released, or discharged." As so construed, the motions are granted. The default judgment 88 is amended to provide that the following defendants are dismissed with prejudice: No. 52, bestjordanshoes7; and No. 105, Jaliba Bridge exclusive. Mailed notice
93 2024-04-25 FULL SATISFACTION of Judgment regarding order 88 in the amount of $500,000 as to certain defendant
94 2024-05-16 FULL SATISFACTION of Judgment regarding order 88 in the amount of $500,000 as to certain defendants
95 2024-08-15 FULL SATISFACTION of Judgment regarding order[88] in the amount of $500,000 as to certain defendant
96 2024-10-24 FULL SATISFACTION of Judgment regarding order[88] in the amount of $500,000 as to certain defendants
97 2025-05-29 FULL SATISFACTION of Judgment regarding order[88] in the amount of $500,000 as to certain defendants