2024-cv-04823 +组团 近期案件➥ 订阅
原告律所：Whitewood Law PLLC
品牌：Unpree 美妆
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| # | Date | Description |
| 94 |
01/16/2025
|
FULL SATISFACTION of Judgment as to certain Defendants 翻译 |
| 93 |
01/13/2025
|
MAILED original ninety-five thousand and 00/100 dollars ($95,000), surety bond posted by to Alisan Fine Art Co., Ltd. Shengmao Mu Whitewood Law PLLC 57 West, 57th Street, 3rd and 4th Floors, New York, NY 10019 via certified mail #9589 0710 5270 7828 54 翻译 |
| 92 |
01/10/2025
|
DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable John Robert Blakey on 1/10/2025. Mailed notice. 翻译 |
| 91 |
01/10/2025
|
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 1/10/2025 regarding Plaintiff's motion for default and default judgment [85]. No defendant having appeared to object to the motion or otherwise, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion for entry of default and default judgment as to the Defendants identified in the accompanying Amended Schedule A, [85]. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice. 翻译 |
| 90 |
12/27/2024
|
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. 翻译 |
| 89 |
12/18/2024
|
MINUTE entry before the Honorable John Robert Blakey: To accommodate the Court's trial schedule, the 12/18/24 Notice of Motion date is stricken and reset for 1/10/25 at 11:00 a.m. in Courtroom 1203. Mailed notice 翻译 |
| 88 |
12/12/2024
|
EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. CORRECTED Exhibit 1: Schedule A regarding memorandum in support of motion[86] 翻译 |
| 87 |
12/12/2024
|
EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. CORRECTED Exhibit A: Schedule A with Emails regarding MOTION by Plaintiff Alisan Fine Art Co. Ltd. for entry of default MOTION by Plaintiff Alisan Fine Art Co. Ltd. for default judgment as to all defendants [85] 翻译 |
| 86 |
12/12/2024
|
NOTICE of Motion by Michael Mitchell for presentment of motion for entry of default, motion for default judgment[85] before Honorable John Robert Blakey on 12/18/2024 at 11:00 AM. 翻译 |
| 85 |
12/12/2024
|
DECLARATION of Shengmao Mu regarding memorandum in support of motion[86] 翻译 |
| 84 |
12/12/2024
|
MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for entry of default, motion for default judgment[85] 翻译 |
| 83 |
12/12/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for entry of default, MOTION by Plaintiff Alisan Fine Art Co. Ltd. for default judgment as to all defendants 翻译 |
| 82 |
12/12/2024
|
ATTORNEY Appearance for Plaintiff Alisan Fine Art Co. Ltd. by Michael Mitchell 翻译 |
| 81 |
11/22/2024
|
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 82, this case is dismissed without prejudice as to Defendants A15N8AGBK46VRN (1) and A1RMESK3LPBHVU (4). Mailed notice 翻译 |
| 80 |
11/21/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to certain Defendants 翻译 |
| 79 |
11/04/2024
|
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 80, this case is dismissed without prejudice as to Defendant A29C0FK11JPG2Y (No. 8). Absent reinstatement by 12/16/24, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice 翻译 |
| 78 |
10/31/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to a certain Defendant 翻译 |
| 77 |
10/31/2024
|
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [78], this case is dismissed without prejudice as to Defendant A270TECPXRCXN4 (No. 79). Absent reinstatement by 12/16/24, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice. 翻译 |
| 76 |
10/25/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to a certain Defendant 翻译 |
| 75 |
10/22/2024
|
NEW PARTIES: A15N8AGBK46VRN, A16YL19UUPVWL1, A1RMESK3LPBHVU, A1U1RNF4R41907, A28SZBORY4ZN3R, A29C0FK11JPG2Y, A3ARQD78HEQS4C, avoxz.com, AW1IGJH3JEIAO, AXPXGYXVHNY5O, beautykomi.com, breezyjoys.com, brightbloomstore.com, cozynightz.com, doublefish2.com, ellorea.com, euurt.com, fairthy.com, fitfrugalz.com, glipth.com, healthnestshop.net, highheartbeat.com, ieiet.com, lensty.com, lnkgo.shop, luminouslavender.com, mofoa.shop, mondiecenter.com, monlesacss.com, natravoirs.com, ntabigan.com, omnigo.shop, scoutbrightshop.com, serenetality.com, simpegoods.com, store.e-stekes.shop, sunnydazzle.com, swiftstylin.com, theplaymatestores.com, vioflah.com and xiaonankun.com added to case caption. 翻译 |
| 74 |
10/22/2024
|
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 76, this case is dismissed without prejudice as to Defendant A2CJ06DYY00OP5. Mailed notice 翻译 |
| 73 |
10/17/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to DOE 9 (A2CJ06DYY00OP5) 翻译 |
| 72 |
10/17/2024
|
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [74], this case is dismissed without prejudice as to Defendant A270TECPXRCXN4. Mailed notice 翻译 |
| 71 |
10/16/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to a certain Defendant 翻译 |
| 70 |
10/04/2024
|
PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 10/4/2024. Mailed notice 翻译 |
| 69 |
10/04/2024
|
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 70, this case is dismissed without prejudice as to the following Defendants: A17UR5MFH3EX5H 3; A2CPDPIONLKE1G 10; A2NMOASGKMZ6BA 11; A353WEIDN4TW5S 12; A3JDOS4G2QFSMA 14; A3QYOUOXWPA2JG 15; AAL05IJNIT9MD 16; AD6JUQ6TFTOZX 17; imexilove.com 52; isonluck.com 53; lolamayshop.com 59; and pumpkinbuzz.com 76. Absent reinstatement by 12/31/24, this dismissal shall automatically convert to a dismissal with prejudice. Additionally, Plaintiff having submitted a proposed preliminary injunction order in accordance with this Court's 9/18/24 order 69, the Court hereby grants Plaintiff's motion for preliminary injunction 64 as discussed in court. Enter Preliminary Injunction Order. Plaintiff shall file a status report by 10/31/24. Mailed notice 翻译 |
| 68 |
10/03/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to a certain Defendant 翻译 |
| 67 |
09/27/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to certain Defendants 翻译 |
| 66 |
09/18/2024
|
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 9/18/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. The Court takes Plaintiff's motion for entry of a preliminary injunction 64 under advisement, pending submission of a Schedule A listing all the entities subject to the proposed order. Emailed notice 翻译 |
| 65 |
09/17/2024
|
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 63, this case is dismissed without prejudice as to Defendants aevcox.com 18, airygleam.com 19, anniecarestore.com 20, boxproper.com 26, checartdodo.com 29, choligstore.com 30, custutu.com 32, cvcox.com 33, deolknmarket.com 34, etternavn.shop 37, eupway.com 38, glowgoodsstore.com 44, guchs.com 45, hiskostroe.com 48, hodlesh.com 49, homebestbe.com 50, lamboki.com 54, lisabesatstore.com 56, lobivia-canyon.com 58, meellopstore.com 61, menki.shop 62, myaplbun.com 66, mytechh.com 67, naapp.shop 68, negusystore.com 70, osimcarestore.com 73, pixieperk.com 74, poboway.com 75, qoosto.com 77, ratihealz.com 78, stageaim.com 82, thebeigeminimalist.com 86, thelifeh.com 87, vitalitrich.com 90, vitascishop.com 91, whiteluxur.com 92, xvcox.com 94 and zigzagsky.com 95. Absent reinstatement, this dismissal shall automatically convert to a dismissal with prejudice on 12/31/24. Mailed notice 翻译 |
| 64 |
09/13/2024
|
SUMMONS Returned Executed by Alisan Fine Art Co. Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint on 9/13/2024, answer due 10/4/2024. 翻译 |
| 63 |
09/13/2024
|
NOTICE of Motion by Abby Marie Neu for presentment of motion for preliminary injunction[64] before Honorable John Robert Blakey on 9/18/2024 at 11:00 AM. 翻译 |
| 62 |
09/13/2024
|
MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for preliminary injunction[64] 翻译 |
| 61 |
09/13/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for preliminary injunction 翻译 |
| 60 |
09/13/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to certain defendants 翻译 |
| 59 |
09/04/2024
|
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint 翻译 |
| 58 |
09/03/2024
|
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [56], this case is dismissed without prejudice as to Defendants beautygstore.com (No. 24) and findsfs.com (No. 41). Absent reinstatement by 10/31/24, this dismissal shall automatically convert to a dismissal with prejudice. Additionally, the Court grants Plaintiff's ex parte motion [59] to extend the temporary restraining order [55] entered 8/23/24 and strikes the 9/4/24 Notice of Motion date. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 9/20/24. Mailed notice 翻译 |
| 57 |
08/29/2024
|
NOTICE of Motion by Abby Marie Neu for presentment of extension of time[59] before Honorable John Robert Blakey on 9/4/2024 at 11:00 AM. 翻译 |
| 56 |
08/29/2024
|
MEMORANDUM by Alisan Fine Art Co. Ltd. in support of extension of time[59] 翻译 |
| 55 |
08/29/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for extension of time 翻译 |
| 54 |
08/29/2024
|
ATTORNEY Appearance for Plaintiff Alisan Fine Art Co. Ltd. by Abby Marie Neu 翻译 |
| 53 |
08/28/2024
|
SURETY BOND in the amount of $ 95,000.00 posted by Alisan Fine Art Co. Ltd. 翻译 |
| 52 |
08/28/2024
|
NOTICE of Voluntary Dismissal by Alisan Fine Art Co. Ltd. as to certain Defendants 翻译 |
| 51 |
08/23/2024
|
SEALED TEMPORARY Restraining Order. Signed by the Honorable John Robert Blakey on 8/23/2024. Mailed notice. 翻译 |
| 50 |
08/23/2024
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed a second amended complaint, seeking to assert a trademark infringement claim against 95 different sellers in this single lawsuit. See [40], [45]. Joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). The amended complaint alleges that the Defendant Internet Stores "share unique identifiers establishing a logical relationship between them and reflecting that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences. The logical relationship is also established by the same or substantially similar promotional images or phrases used among the Defendants." [40] 5. Plaintiff further alleges that "Defendants appear to be an interrelated group of counterfeiters and infringers, who create numerous Defendant Internet Stores and design these stores to appear to be selling genuine versions of Plaintiff's licensed products, while they actually selling inferior imitations of Plaintiff licensed products. The Defendant Internet Stores share unique identifiers, such as common design elements, such as the same or similar Counterfeit Products they offer for sale, similar Counterfeit Product descriptions, the same or substantially similar shopping cart platforms, accepted payment methods, check-out methods, lack of contact information, identically or similarly priced Counterfeit Products and volume sales discounts, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction or occurrence." Id. 14. The screenshot evidence Plaintiff submitted confirms that the sellers are using the same stock photos, items descriptions, and layouts, to sell identical infringing products; Defendants' stores are identical or almost identical, selling the products in the same way, suggesting that they are in fact related. As a result, the Court finds that Plaintiff may proceed against all 95 sellers in this single suit. Additionally, based upon Plaintiff's submissions, the Court finds that Plaintiff has demonstrated a likelihood of success on its infringement claim, and thus grants Plaintiff's motion for temporary restraining order [46]. Enter Temporary Restraining Order. The Court also grants Plaintiff's motions for leave to file under seal [41] and electronic service of process [43], grants Plaintiff's motion [51] to remove docket entry [47], an incorrectly filed document, from the docket, and directs the Clerk to remove docket entry [47] from the docket in this case. The 8/28/24 Notice of Motion date is stricken as to all motions. Absent further order, the temporary restraining order will expire 9/6/24. Mailed notice. 翻译 |
| 49 |
08/12/2024
|
NOTICE of Motion by Keaton David Smith for presentment of motion for temporary restraining order 46, motion for miscellaneous relief 41, motion for miscellaneous relief 43 before Honorable John Robert Blakey on 8/28/2024 at 11:00 AM. 翻译 |
| 48 |
08/09/2024
|
MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for temporary restraining order[46] CORRECTED MEMORANDUM 翻译 |
| 47 |
08/09/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. REMOVE INCORRECTLY FILED DOCUMENT 翻译 |
| 46 |
08/09/2024
|
SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. regarding declaration[48] 翻译 |
| 45 |
08/09/2024
|
EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Trademark Registration regarding declaration[48] 翻译 |
| 44 |
08/09/2024
|
DECLARATION of August, Jesse Warren regarding motion for temporary restraining order[46] 翻译 |
| 43 |
08/09/2024
|
MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for temporary restraining order[46] 翻译 |
| 42 |
08/09/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for temporary restraining order 翻译 |
| 41 |
08/09/2024
|
SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Second Amended Schedule A regarding amended complaint[40] 翻译 |
| 40 |
08/09/2024
|
MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for miscellaneous relief[43] 翻译 |
| 39 |
08/09/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译 |
| 38 |
08/09/2024
|
SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Memorandum in Support of Joinder of Defendants 翻译 |
| 37 |
08/09/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for Leave to File Certain Documents Under Seal 翻译 |
| 36 |
08/09/2024
|
Second AMENDED complaint by Alisan Fine Art Co. Ltd. against Alisan Fine Art Co. Ltd. 翻译 |
| 35 |
07/23/2024
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff filed an amended complaint claiming infringement of Plaintiff's "Unpree" mark, as well as false designation of origin and violation of the Illinois Uniform Deceptive Trade Practices Act. See 24. Plaintiff seeks to join 202 Defendants in this single suit. See 30. Joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). Plaintiff's registered the mark, which, according to the registration, has no meaning in a foreign language, in connection with the following goods and services: "Eau-de-toilette; Eyeshadows; Lipsticks; Shampoo-conditioners; Artificial fingernails; Cleansing milk; Cosmetic hand creams; Cosmetic pencils; Cosmetic preparations; Cosmetic preparations against sunburn; Cosmetic rouges; Cosmetics and cosmetic preparations; Eyebrow pencils; False eyelashes; Hair oils; Hair relaxing preparations; Make-up sets; and Nail enamels." 25 at 2. It seeks to preclude use of the mark by Defendants, who use the mark in connection with dental products (including teeth whitening products, toothpaste, and mouthwash), depuffing eye gels and serums, hair regrowth products, magnetic eyelashes, and perfume, 28, 29. Presumably in support of joinder, Plaintiff alleges that "the Defendant Internet Stores share unique identifiers establishing a logical relationship between them and reflecting that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." 24 5. Plaintiff also alleges that "Defendants appear to be an interrelated group of counterfeiters and infringers, who create numerous Defendant Internet Stores and design these stores to appear to be selling genuine versions of Plaintiff's licensed products, while they actually sell inferior imitations of Plaintiff licensed products. The Defendant Internet Stores share unique identifiers, such as common design elements, such as the same or similar Counterfeit Products they offer for sale, similar Counterfeit Product descriptions, the same or substantially similar shopping cart platforms, accepted payment methods, check-out methods, lack of contact information, identically or similarly priced Counterfeit Products and volume sales discounts, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction or occurrence." Id. 14. Finally, Plaintiff alleges, on information and belief, that "Defendants are an interrelated group of counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Products in the same transaction, occurrence, or series of transactions or occurrences." Id. 25. But such statements are legal conclusions, and they remain unsupported by facts. Additionally, although "unique identifiers" could signify a relationship between the defendants, they could just as easily mean that each retailer sets up shop in the same manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). Perhaps more importantly, the evidence submitted with the complaint undermines Plaintiff's claim that the Defendants are all related. Although the sellers offering the eye gels and serums appear to use the same stock photos, for example, the submitted evidence provides no basis to find any relationship between those sellers and the sellers offering the dental products, or the hair regrowth products, or any of the other products. Nor has Plaintiff explained the basis for asserting the mark in connection with the sale of dental products, which appear to fall outside the scope of the registration. For these reasons, the Court finds that Plaintiff has failed to allege facts to support the joinder of the 202 identified Defendants in this single case. The Court thus dismisses the amended complaint 24, denies the pending motions 31, 32, 34, and strikes the 7/24/24 Notice of Motion date. Mailed notice 翻译 |
| 34 |
07/19/2024
|
NOTICE of Motion by Shengmao Mu for presentment of motion for leave to file[31], motion for temporary restraining order[34], motion for service by publication[32] before Honorable John Robert Blakey on 7/24/2024 at 11:00 AM. 翻译 |
| 33 |
07/19/2024
|
SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. memorandum in support of joinder 翻译 |
| 32 |
07/19/2024
|
SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. August Declaration 翻译 |
| 31 |
07/19/2024
|
MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for temporary restraining order[34] 翻译 |
| 30 |
07/19/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for temporary restraining order 翻译 |
| 29 |
07/19/2024
|
MEMORANDUM by Alisan Fine Art Co. Ltd. in support of motion for service by publication[32] 翻译 |
| 28 |
07/19/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for service by publication 翻译 |
| 27 |
07/19/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for leave to file certain documents under seal 翻译 |
| 26 |
07/15/2024
|
SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Amended Schedule A 翻译 |
| 25 |
07/15/2024
|
SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-2 regarding amended complaint[24] 翻译 |
| 24 |
07/15/2024
|
SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-1 regarding amended complaint[24] 翻译 |
| 23 |
07/15/2024
|
EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 3 regarding amended complaint[24] 翻译 |
| 22 |
07/15/2024
|
EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 2 regarding amended complaint[24] 翻译 |
| 21 |
07/15/2024
|
SEALED EXHIBIT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 1 regarding amended complaint[24] 翻译 |
| 20 |
07/15/2024
|
AMENDED complaint by Alisan Fine Art Co. Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint 翻译 |
| 19 |
06/25/2024
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff sues 268 Defendants in this suit, alleging infringement of five separate, unrelated trademarks. Joinder of multiple defendants in a single infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). Plaintiff does not specifically address joinder in its complaint, but it does allege that "Defendants appear to be an interrelated group of counterfeiters and infringers, who create numerous Defendant Internet Stores and design these stores to appear to be selling genuine versions of Plaintiff's licensed products, while they actually selling inferior imitations of Plaintiff licensed products. The Defendant Internet Stores share unique identifiers, such as common design elements, such as the same or similar Counterfeit Products they offer for sale, similar Counterfeit Product descriptions, the same or substantially similar shopping cart platforms, accepted payment methods, check-out methods, lack of contact information, identically or similarly priced Counterfeit Products and volume sales discounts, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction or occurrence." 1 at 14. The Court need not accept Plaintiff's legal conclusion that Defendants are interrelated, and the fact that Defendants' stores look alike does not, without more, make them logically related; it is equally possible that each online retailer sets up shop in a similar manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). Nor has Plaintiff offered any other facts to support the joinder in a single suit of claims alleging infringement of several separate, unrelated marks. Accordingly, the Court dismisses Plaintiff's complaint, denies without prejudice the pending motions 5, 10, 12, and strikes the 6/26/24 Notice of Motion date. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of 268 Defendants in this single action claiming infringement of four separate, unrelated marks, it may do so by 7/15/24. Mailed notice 翻译 |
| 18 |
06/14/2024
|
MINUTE entry before the Honorable John Robert Blakey: In light of the federal holiday, the 6/19/24 Notice of Motion date is stricken and reset to 6/26/24 at 11:00 a.m. in Courtroom 1203. Mailed notice 翻译 |
| 17 |
06/12/2024
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials 翻译 |
| 16 |
06/11/2024
|
MAILED trademark report to Patent Trademark Office, Alexandria VA 翻译 |
| 15 |
06/12/2024
|
ATTORNEY Appearance for Plaintiff Alisan Fine Art Co. Ltd. by Keaton David Smith 翻译 |
| 14 |
06/11/2024
|
NOTICE of Motion by Shengmao Mu for presentment of motion for leave to file[5], motion for temporary restraining order[12], motion for service by publication[10] before Honorable John Robert Blakey on 6/19/2024 at 11:00 AM. 翻译 |
| 13 |
06/11/2024
|
SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-3 翻译 |
| 12 |
06/11/2024
|
SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-2 翻译 |
| 11 |
06/11/2024
|
SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 4-1 翻译 |
| 10 |
06/11/2024
|
SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. August Declaration 翻译 |
| 9 |
06/11/2024
|
MEMORANDUM motion for temporary restraining order[12] by Alisan Fine Art Co. Ltd. 翻译 |
| 8 |
06/11/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for temporary restraining order 翻译 |
| 7 |
06/11/2024
|
MEMORANDUM motion for service by publication[10] by Alisan Fine Art Co. Ltd. 翻译 |
| 6 |
06/11/2024
|
MOTION by Plaintiff Alisan Fine Art Co. Ltd. for service by publication 翻译 |
| 5 |
06/11/2024
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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. 翻译 |
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06/11/2024
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CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). 翻译 |
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06/11/2024
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Exhibit 3 by Alisan Fine Art Co. Ltd. 翻译 |
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06/11/2024
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Exhibit 2 by Alisan Fine Art Co. Ltd. 翻译 |
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06/11/2024
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SEALED DOCUMENT by Plaintiff Alisan Fine Art Co. Ltd. Exhibit 1 翻译 |