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1
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2024-01-04 |
COMPLAINT filed by Peanuts Worldwide LLC; Filing fee $ 405, receipt number AILNDC-21487768. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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Exhibit 5 |
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Exhibit 6 |
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2
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2024-01-04 |
SEALED EXHIBIT by Plaintiff Peanuts Worldwide LLC Schedule A regarding complaint[1] |
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3
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2024-01-04 |
MOTION by Plaintiff Peanuts Worldwide LLC for leave to file under seal |
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4
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2024-01-04 |
CIVIL Cover Sheet |
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5
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2024-01-04 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Peanuts Worldwide LLC |
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6
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2024-01-04 |
Notice of Claims Involving Trademarks by Peanuts Worldwide LLC |
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7
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2024-01-04 |
ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Justin R. Gaudio |
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8
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2024-01-04 |
ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Amy Crout Ziegler |
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9
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2024-01-04 |
ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Rachel S Miller |
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10
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2024-01-04 |
ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Trevor Christian Talhami |
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). |
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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. |
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11
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2024-01-08 |
MOTION by Plaintiff Peanuts Worldwide LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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12
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2024-01-08 |
MEMORANDUM by Peanuts Worldwide LLC in support of motion for temporary restraining order 11 |
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13
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2024-01-08 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12 |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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14
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2024-01-08 |
DECLARATION of Carrie J. Dumont regarding memorandum in support of motion 12 |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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15
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2024-01-08 |
SEALED EXHIBIT by Plaintiff Peanuts Worldwide LLC Exhibit 5 - Parts 1-7 regarding declaration 14 |
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Exhibit 5-1 |
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Exhibit 5-2 |
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Exhibit 5-3 |
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Exhibit 5-4 |
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Exhibit 5-5 |
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Exhibit 5-6 |
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(Exhibit 5-7) |
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16
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2024-01-08 |
MOTION by Plaintiff Peanuts Worldwide LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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17
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2024-01-08 |
MEMORANDUM by Peanuts Worldwide LLC in support of motion for miscellaneous relief 16 |
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18
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2024-01-08 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17 |
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Exhibit 1 |
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(Exhibit 2) |
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19
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2024-02-29 |
ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Jennifer Van Nacht |
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20
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2024-05-22 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order and other relief [11], and motion for electronic service of process [16] are granted in part. Plaintiff's submissions (e.g., Dkt. [13], [14]) 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries [2] and [15]. 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 (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarked works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 and infringing 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. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice. |
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21
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2024-05-22 |
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 5/22/2024. |
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22
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2024-05-23 |
Registry Deposit Information Form by Peanuts Worldwide LLC |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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23
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2024-05-29 |
SURETY BOND in the amount of $ 10,000.00 posted by Peanuts Worldwide LLC. (Document not imaged) (Received at the Intake Counter on 05/29/2024.) |
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24
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2024-05-31 |
MOTION by Plaintiff Peanuts Worldwide LLC for preliminary injunction as to certain Defendants |
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(Exhibit A) |
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25
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2024-05-31 |
MEMORANDUM by Peanuts Worldwide LLC in support of motion for preliminary injunction 24 |
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26
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2024-05-31 |
DECLARATION of Trevor C. Talhami regarding memorandum in support of motion 25 |
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(Exhibit 1) |
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27
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2024-05-31 |
SUMMONS Returned Executed by Peanuts Worldwide LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/31/2024, answer due 6/21/2024. |
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Declaration of Jennifer V. Nacht |
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(Exhibit A) |
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28
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2024-06-13 |
NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to certain defendants |
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29
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2024-06-14 |
SUMMONS Returned Executed by Peanuts Worldwide LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/14/2024, answer due 7/5/2024. |
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Declaration of Jennifer V. Nacht |
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Exhibit A |
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30
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2024-06-17 |
MOTION by Plaintiff Peanuts Worldwide LLC for preliminary injunction as to certain Defendants |
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(Exhibit A) |
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31
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2024-06-17 |
MEMORANDUM by Peanuts Worldwide LLC in support of motion for preliminary injunction 30 |
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32
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2024-06-17 |
DECLARATION of Trevor C. Talhami regarding memorandum in support of motion 31 |
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(Exhibit 1) |
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33
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2024-06-20 |
NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to certain defendant |
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34
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2024-06-21 |
MINUTE entry before the Honorable John F. Kness: Before the Court are two motions by Plaintiff [24] [30] seeking the entry of separate preliminary injunctions. In connection with those motions, which are entered and continued, Plaintiff must forthwith serve all remaining Defendants with the following statement: "The Court has taken the motions for a preliminary injunction under advisement and will consider them unopposed if no relevant Defendant appears and objects on or before 6/27/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's order entering the temporary restraining order ("TRO"), the TRO is extended to and including the date on which the Court adjudicates the motions 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
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35
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2024-06-24 |
CERTIFICATE of Service by Plaintiff Peanuts Worldwide LLC regarding text entry, 34 |
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(Exhibit A) |
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36
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2024-07-01 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's separate motions for a preliminary injunction 24 30 are granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 or infringing goods. Plaintiff has also certified and established 27 35 that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided 34 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice. |
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37
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2024-07-01 |
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/1/2024. Mailed notice. |
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NEW PARTIES: Dongguan Yixing Toy Co., Ltd., Guangzhou Chaoyue Commercial Co., Ltd., Hebei Zhouwen Trade Co., Ltd., Hunan Hyf Merchandise Co., Ltd., Quanzhou Licheng District Kaimei TechnologyCo., Ltd., Quanzhou Wochen Home Articles Co.,LTD, Quanzhou Yous Trading Co., Ltd., Shangrao City Caidu Trading Co., Ltd., Shaoxing Yuecheng Rouya Textile Co., Ltd., Shenzhen Momeishi Clothing Co., Ltd., Sunny Baby Trading Co., Ltd., Taizhou Huangyan Kaishi Plastic Co., Ltd., Tongxiang Roya Textile Co., Ltd., Xiamen Jinhong Technology Co., Ltd., Yiwu Chengcheng Trading Co.,Ltd, Yiwu Easytown Import & Export Company Limited, Yiwu Haiyoung Trading Co., Ltd., A15G1R75I4F554, A1B4PSSYPAD3NK, A1WAGQPQPW5O70, A2XFXUQCC7ESNG, Amazn Basics, Amzaon Warhuoes, amznn-ship, bling house, bui quang VINH, C.genmai01-fbm, ChAnGUIshangMAO, COMFORTTA, Eaikily, edrftsdtg, FAPBLUETV, FUISSE LYSY, guangzhouyinxiamaoyiyouxiangongsi, GuoShuZhang, haoxuan-us, HEIBAATFONG HAPPY LIMITED, hela-HQ, hhhccccssss, HoaStoreric, Hongkan E-commerce Studio, Huangxinyan, KUANGeWW, Kutinti, Ling Chuang Yi, loan190304, Moofel, nhuanzuomaoyiyo, Nhung vicall, ONESER, Pejun, pianruizhuangdianzishangwuyouxiangongsi, putianshixiuyuqulanyanlongbaihuoshanghang, Q chi SHOP, sanzhixiong-store, suizhoutingxiaodianzishangwuyouxiangongsi, TekkinGlobal, THANHTHAOLC17, The Family Gift, TRAN TUAN DAT HN02, ugiraui tapestry, WARMFM, Westdeco, XHMXXUS, xiangtanzuoliangshangmaoyouxiangongsi, XiaoHuangYa, XiFaLucky, Yezijiaouzhouzhan, yi xiang ri yong pin, yixiangshi, yongjishishichaoshangmaoyouxiangongsi, youxueyindedian, zeyongbaihuo, zzmax, 6yue27, difhjfruufjri-0, huotieputa0, luna-potter_store, lvgabg, pengaaaa, van-491590, xianzqdlsm, Featured car decoration sticke, MUSTRAP home life and xisitedianzi added to case caption. |
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38
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2024-07-11 |
NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to a certain Defendant |
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39
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2024-07-11 |
MOTION by Plaintiff Peanuts Worldwide LLC for entry of default, MOTION by Plaintiff Peanuts Worldwide LLC for default judgment as to all Defendants |
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Exhibit A |
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40
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2024-07-11 |
MEMORANDUM by Peanuts Worldwide LLC in support of motion for entry of default, motion for default judgment[39] |
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Exhibit 1 |
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[+]
41
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2024-07-11 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[40] |
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Exhibit 1 |
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42
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2024-07-11 |
ORDER: Plaintiff's motion for entry of default [39] is granted. Civil case terminated. Signed by the Honorable John F. Kness on 7/11/2024. Mailed notice. |
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43
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2024-07-11 |
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 7/11/2024. Mailed notice. |
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44
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2024-07-18 |
FULL SATISFACTION of Judgment regarding order[43] in the amount of $50,000 as to certain defendant |
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45
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2024-08-01 |
FULL SATISFACTION of Judgment regarding order[43] in the amount of $100,000 as to certain defendant |
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46
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2024-08-15 |
FULL SATISFACTION of Judgment regarding order 43 in the amount of $50,000 as to certain defendant |
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47
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2024-12-05 |
FULL SATISFACTION of Judgment regarding order 43 in the amount of $50,000 as to certain defendant |
