2024-cv-09792 +组团 近期案件➥ 订阅
原告律所：Donigerlawfirm
品牌：Juneteenth flag 版权
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| # | Date | Description |
| 44 |
03/28/2025
|
RETURN of of U.S. Post Office Receipt, number article no. 9589 0710 5270 0579 7845 99 (Received by mail in the Clerk's Office on 3/28/25.) 翻译 |
| 43 |
03/12/2025
|
MAILED SURETY BOND in the amount of $ 10,000.00 posted by Benjamin Haith Intellectual Property LLC to Trevor William Barrett Doniger / Burroughs Pc 603 Rose Avenue Venice, CA 90291. Article # 9589 0710 5270 0579 7845 99. 翻译 |
| 42 |
03/11/2025
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff posted bond on 2/13/2025 as required in the temporary restraining order 37 ; however, due to docketing error it did not appear on the docket until 3/11/25 50. The ten-thousand-dollar ($10,000) surety bond posted by Plaintiff is hereby released (along with any interest earned thereon) to counsel of record for Plaintiff, Trevor William Barrett Doniger / Burroughs PC and the Clerk is directed to return the bond (along with any earned interest) via first class mail to Plaintiff's counsel at 603 Rose Avenue Venice, CA 90291. Mailed notice. 翻译 |
| 41 |
03/11/2025
|
SURETY BOND in the amount of $ 10,000.00 posted by Benjamin Haith Intellectual Property LLC 翻译 |
| 40 |
03/10/2025
|
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 48, this case is dismissed with prejudice under Rule 41(a). The Court denies as moot Plaintiff's motion for preliminary injunction 44 and strikes the 3/12/25 Notice of Motion date, as well as all set dates and deadlines. The Court notes that Plaintiff failed to post the bond required in the temporary restraining order; as a result, no bond need be released. Civil case terminated. Mailed notice. 翻译 |
| 39 |
03/07/2025
|
NOTICE of Motion by Trevor William Barrett for presentment of motion for preliminary injunction 44 before Honorable John Robert Blakey on 3/12/2025 at 11:00 AM. 翻译 |
| 38 |
03/07/2025
|
DECLARATION of Trevor W. Barrett regarding motion for preliminary injunction 44 翻译 |
| 37 |
03/07/2025
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MEMORANDUM by Benjamin Haith Intellectual Property LLC in support of motion for preliminary injunction 44 翻译 |
| 36 |
03/07/2025
|
MOTION by Plaintiff Benjamin Haith Intellectual Property LLC for preliminary injunction 翻译 |
| 35 |
02/24/2025
|
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 38 to extend the temporary restraining order entered 2/10/25 37. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 3/10/25. The 2/26/25 Notice of Motion date is stricken. Mailed notice. 翻译 |
| 34 |
02/19/2025
|
NOTICE of Motion by Trevor William Barrett for presentment of before Honorable John Robert Blakey on 2/26/2025 at 11:00 AM. 翻译 |
| 33 |
02/10/2025
|
SEALED Temporary Restraining Order. Signed by the Honorable John Robert Blakey on 2/10/2025. Mailed notice. 翻译 |
| 32 |
02/10/2025
|
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's submissions, the Court grants Plaintiff's motion for a sealed temporary restraining order 34 against the Defendant online marketplace identified on Schedule A and strikes the 2/12/25 Notice of Motion date. Enter Sealed Temporary Restraining Order. Absent further order, this TRO shall expire on 2/24/25. Mailed notice. 翻译 |
| 31 |
02/04/2025
|
NOTICE of Motion by Trevor William Barrett for presentment of Sealed motion, 34 before Honorable John Robert Blakey on 2/12/2025 at 11:00 AM. 翻译 |
| 30 |
02/04/2025
|
SEALED MOTION by Plaintiff Benjamin Haith Intellectual Property LLC for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery and Service of Process By E-Mail And/Or Electronic Publication 翻译 |
| 29 |
01/27/2025
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff may proceed on its second amended complaint 31, which sues a single defendant for copyright infringement and thus avoids any joinder issues. Mailed notice. 翻译 |
| 28 |
01/24/2025
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- (Unredacted) Second Amended Complaint 翻译 |
| 27 |
01/24/2025
|
Second AMENDED complaint by Benjamin Haith Intellectual Property LLC against The Partnerships and Unincorporated Associations Identified in Schedule A 翻译 |
| 26 |
01/06/2025
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff filed an amended complaint seeking to sue 34 separate defendants in a single copyright infringement suit. See 27, 28. Joinder of multiple defendants in a single copyright 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). In support of joinder, Plaintiff alleges that the submitted "evidence supporting Plaintiff's claims, such as similar products, product photographs, and product descriptions, proves a cooperative counterfeiting network using fake eCommerce store fronts designed to appear to be selling authorized products," and that the Defendant Internet Stores "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 27 23, 24. But the allegations remain conclusory and belied by the evidence attached to the complaint. Although the screenshot evidence attached to the complaint demonstrates that all Defendants are selling flags of some type, the evidence also shows that the flags differ in several respects (some are garden flags, some are staked, some are designed to fly from a pole; some include writing Juneteenth and/or a date while others do not). These differences would not preclude a claim of copyright infringement against each Defendant individually, but they do undermine Plaintiff's allegations concerning the propriety of joining all Defendants in this single suit. Accordingly, the Court finds that Plaintiff has failed to establish a basis for joining the identified defendants in this one action. If Plaintiff wishes to proceed against a single Defendant, it may file an amended complaint by 1/24/25. The first amended complaint is dismissed. Mailed notice. 翻译 |
| 25 |
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 |
| 24 |
12/09/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- Unredacted Schedule A to First Amended Complaint 翻译 |
| 23 |
12/09/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- Unredacted First Amended Complaint 翻译 |
| 22 |
12/09/2024
|
First AMENDED complaint by Benjamin Haith Intellectual Property LLC against The Partnerships and Unincorporated Associations Identified in Schedule A 翻译 |
| 21 |
11/27/2024
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 54 separate defendants for copyright infringement in this single suit. See 1, 16. Joinder of multiple defendants in a single copyright 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). In this regard, Plaintiff alleges that the defendants' internet stores "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 1 24, 29. Plaintiff alleges that joinder of all defendants remains proper in this case "based on the logical relationship between the Defendants, the seller profiles, and the evidence of coordination amongst the sellers identified"; that the sellers are "acting simultaneously as part of a network of infringement to violate Plaintiff's rights"; and that Plaintiff "asserts rights to relief against these Defendants jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and common questions of law or fact will arise in the action" and that Plaintiff's "claims against the multiple Defendants are all transactionally and logically related. All Defendants are engaging in the same systematic approach of establishing online storefronts to redistribute illegal products from the same or similar sources while maintaining financial accounts that the Defendants can easily conceal to avoid any real liability for their actions." Id. paragraph 36. Plaintiff alleges that the Defendants "are engaging in the same infringing activities, i.e., displaying and offering Infringing Products for sale on Amazon.com and Walmart.com at the same time and therefore are undeniably involved in the same series of transactions or occurrences giving rise to this claim at the same time." Id. paragraph 37. The allegations remain conclusory, and selling infringing products at the same time is not necessarily evidence of relatedness. In its memorandum in support of joinder, Plaintiff argues that "the relationship between Defendants, based on both high-level commonalities and conduct, as well as trends and logistical realities of copyright infringement on platforms such as Amazon and Walmart, establish that all Defendants are a part of the same series of occurrences giving rise to Plaintiff's claims." 14 at 1. But effectively, Plaintiff simply alleges that Defendants offered infringing productsin many cases (as the submitted screenshot evidence shows) different allegedly infringing products; that is as much coincidence as it is evidence of relatedness. Indeed, in the patent context, evidence that accused infringers have each infringed, by itself, will not support the joinder of all defendants in a single suit. 35 U.S.C. § 299(b). So too here. See Viking Arm AS v. Partnerships, Case No. 24-cv-01566 at 16 ("simply committing the same type of violation in the same way does not link defendants together for the purposes of joinder") (citing Bose Corp. v. P'Ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 511, 514 (N.D. Ill. 2020)). The submitted screenshot evidence undermines the claim that the defendants are all selling the same product. Although many of the defendants' products are similar, not all of them are; the products offered by Defendants 22, 25, 33, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, and 54 vary widely amongst each other and also remain substantially different from the products offer by Defendants 1 through 21. Nor do all the products fall within the same category of the protected work, see [24-1] at 3. And Plaintiff has offered no factual or legal basis to find that these Defendants, selling varied products, are related. Plaintiff relies upon DHS information to support the point, see 14 at 4; but the fact that some defendants operate in this manner does not mean that the Defendants named here are operating in this manner. Accordingly, the Court finds that Plaintiff has failed to establish a basis for joining the 54 identified defendants in this one action. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may file an amended complaint by 12/9/24. Mailed notice 翻译 |
| 20 |
11/25/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- Notice of Filing Documents Pursuant to Court Order (Dkt. 23) 翻译 |
| 19 |
11/18/2024
|
MINUTE entry before the Honorable John Robert Blakey: The Court denies as moot Plaintiff's motion to "refer" the case to the assigned judge, 21. Although Judge Hunt handled the matter one time as emergency judge, the case has otherwise remained at all times with this Court. The Court strikes the 11/20/24 Notice of Motion date. Additionally, although Plaintiff submitted the copyright registration certificate, it failed to include any accompanying picture or image. If Plaintiff wants the Court to consider its infringement claim or any motion for injunctive relief, the Court has to have a basis to find that Plaintiff will likely succeed on the merits of its claim; the Court cannot do that unless it can compare the protected work with the allegedly infringing work. Plaintiff shall file the full registration, with any accompanying images or pictures, by 11/25/24; Plaintiff may file this submission under seal. Mailed notice 翻译 |
| 18 |
11/13/2024
|
NOTICE of Motion by Trevor William Barrett for presentment of motion for miscellaneous relief 21 before Honorable LaShonda A. Hunt on 11/20/2024 at 10:00 AM. 翻译 |
| 17 |
11/13/2024
|
MOTION by Plaintiff Benjamin Haith Intellectual Property LLC for Ruling and Referral to Assigned Judge 翻译 |
| 16 |
11/13/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- Copyright Registration Certificate 翻译 |
| 15 |
11/05/2024
|
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to seal 18, but directs counsel to fully comply with the Local Rules (including LR 26.2 regarding sealed documents) and this Court's standing orders (including the order requiring that all motions be noticed for presentment). In the future, the Court will strike any filings that fail to comply with this Court's rules and orders. Mailed notice 翻译 |
| 14 |
10/31/2024
|
MOTION by Plaintiff Benjamin Haith Intellectual Property LLC to seal -- Plaintiff's Request to File Certificate of Copyright Registration Under Seal 翻译 |
| 13 |
10/24/2024
|
MINUTE entry before the Honorable John Robert Blakey: In the wake of Judge Hunt's order, 13, Plaintiff filed an amended schedule A 16, which apparently relates back to the initial complaint 1. Plaintiff seeks to sue 54 separate Defendants in this single lawsuit, alleging infringement of its "Juneteenth Flag" design copyright, see 2, [2-1]. But it does not appear that Plaintiff has submitted the actual certificate of copyright registration. The Court requires this material to competently gauge the extent of the claim and any specifics concerning the creation and use of the design. Thus, if Plaintiff wants the Court to consider the matter, it must provide this material. For now, the Court denies without prejudice the motion for temporary restraining order 8 and strikes the 10/25/24 hearing date. Plaintiff may renew its motion once the question of joinder is resolved. Mailed notice 翻译 |
| 12 |
10/22/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- Amended Schedule A 翻译 |
| 11 |
10/22/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- Declaration of Trevor W. Barrett 翻译 |
| 10 |
10/22/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- Memorandum re Joinder 翻译 |
| 9 |
10/16/2024
|
MINUTE entry before the Honorable LaShonda A. Hunt: This matter is before Judge Hunt as emergency judge. Plaintiff names 60 Defendants in this single case and seeks ex parte TRO relief against each of them 8. However, after reviewing the complaint 1 and other filings, the Court questions whether Plaintiff has established sufficient grounds for joinder of all Defendants. See Fed. R. Civ. P. 20(a)(2); Viking Arm AS v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 24 C 1566, 2024 WL 2953105 (N.D. Ill. June 6, 2024). By 10/22/24, Plaintiff may either (a) file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A Defendant to demonstrate that joinder is proper; or (b) file under seal an amended schedule A with a subset of Defendants, along with an amended declaration that explains how each of these defendants is properly joined with each other and includes labeled exhibits that contain screenshots or other information specific to Defendants listed on amended Schedule A only; otherwise, the matter will proceed before Judge Blakey on 10/25/24 at 11:00AM, as scheduled 11. The motion for a TRO 8 is taken under advisement until the joinder issue is resolved. No appearance is necessary on 10/17/24. Emailed notice. 翻译 |
| 8 |
10/11/2024
|
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for leave to file under seal [7]. Mailed notice 翻译 |
| 7 |
10/11/2024
|
SEALED MOTION by Plaintiff Benjamin Haith Intellectual Property LLC for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by E-Mail and/or Electronic Publication (Attachments: # (1) Memorandum in Support of Motion, # (2) Declaration of Hassie Benjamin Haith, Jr., # (3) Exhibit 1 to Declaration of Hassie Benjamin Haith, Jr., # (4) Declaration of Trevor W. Barrett, # (5) Exhibit 1 to Declaration of Trevor W. Barrett) 翻译 |
| 6 |
10/09/2024
|
ATTORNEY Appearance for Plaintiff Benjamin Haith Intellectual Property LLC by Trevor William Barrett 翻译 |
| 5 |
10/09/2024
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Benjamin Haith Intellectual Property LLC 翻译 |
| 4 |
10/09/2024
|
CIVIL Cover Sheet 翻译 |
| 3 |
10/09/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- Schedule A to Complaint 翻译 |
| 2 |
10/09/2024
|
SEALED DOCUMENT by Plaintiff Benjamin Haith Intellectual Property LLC -- (Unredacted) Complaint 翻译 |
| 1 |
10/09/2024
|
COMPLAINT filed by Benjamin Haith Intellectual Property LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-22582247. 翻译 |