2025-cv-04788 +组团 近期案件➥ 订阅
原告律所：Saper Law Offices, LLC
品牌：OREO 奥利奥
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| # | Date | Description |
| 59 |
07/29/2025
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff asks this Court to reconsider its 7/15/25 order [69] denying Plaintiff's motion for default judgment based upon Plaintiff's failure to establish the propriety of exercising personal jurisdiction, see [70]. As Plaintiff correctly notes, when assessing jurisdiction, this Court must focus on Defendants' actions; doing so here, the Court determined that Plaintiff's proffer that it "placed an order for Defendant's Counterfeit/Infringing Products and said order was received by Plaintiff at an address located within this District," [66] at 2, remains insufficient, [69]. Plaintiff suggests that the Court's ruling remains inconsistent with NBA Props., Inc. v. HANWJH, 46 F.4th 614 (7th Cir. 2022); not so. That case emphasizes that, for the exercise of personal jurisdiction to comport with "established constitutional limitations," the defendant's actions must be "purposefully directed" a standard satisfied, for example, when a defendant "creates an interactive website and explicitly provides that Illinois residents could purchase its products through that website," "arranged for the sale of its products through third-party websites," "sent written confirmation to the Illinois customers acknowledging their sale and including their Illinois shipping address," and then, "shipped the product to its customers who were in Illinois." NBA Props., 46 F.4th at 624 (citing Curry v. Revolution Laboratories, LLC, 949 F.3d 385, 399 (7th Cir. 2020)). In distinguishing Matlin v. Spin Master Corp., 921 F.3d 701 (7th Cir. 2019), where the exercise of personal jurisdiction did not pass constitutional muster, the court in NBA Props. also emphasized, however, the importance of determining whether the "plaintiff-initiated contact" was done "solely to lure the defendants into Illinois to establish personal jurisdiction over them." 46 F.4th at 625. That is precisely what has transpired here. Although Plaintiff represents that Defendant has sold infringing products 53 times, the only one sold here was sold to Plaintiff, and, as in Matlin, constituted "a single incident conjured up by the plaintiffs' attorney for the exclusive purpose of establishing personal jurisdiction over the defendants." 921 F.3d at 706. As a result, the Court denies Plaintiff's motion for reconsideration [70] and strikes the 7/30/25 Notice of Motion date. Mailed notice. 翻译 |
| 58 |
07/23/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for reconsideration regarding order on motion for entry of default, order on motion for default judgment, terminate deadlines and hearings, [69] 翻译 |
| 57 |
07/15/2025
|
MINUTE entry before the Honorable John Robert Blakey: The Court again denies Plaintiff's motion for entry of default and default judgment 65. The Court initially denied the motion because Plaintiff's counsel could not confirm that Defendant had, in fact, shipped infringing goods to Illinois, see 68. Plaintiff renewed its motion adding representations that "Plaintiff placed an order for Defendant's Counterfeit/Infringing Products and said order was received by Plaintiff at an address located within this District. Furthermore, the product listing for Defendant's Counterfeit/Infringing Products indicates that the product had been sold at least 53 times." 66 at 2. These representations establish only that Defendant shipped a single item to Illinois, and that was in connection with Plaintiff's test buy. They thus fail to establish the propriety of default judgment and instead undermine the prior representations concerning personal jurisdiction and venue. See, e.g., Walden v. Fiore, 571 U.S. 277, 285 (2014) ("the plaintiff cannot be the only link between the defendant and the forum"); Expeditee LLC v. Entities Listed on Exhibit 1, No. 21 C 6440, 2022 WL 1556381, at *4 (N.D. Ill. May 17, 2022) ("Plaintiff claims that, as part of its preliminary investigation, it purchased infringing products from the Moving Defendants that the Moving Defendants shipped to Chicago. Such sales on their own are insufficient for the purposes of personal jurisdiction, for Plaintiff has not identified evidence of any transactions involving an allegedly counterfeit product between the Moving Defendants and Illinois customers, other than the 'test buys.'"). The 7/16/25 Notice of Motion date is stricken. If Plaintiff remains unable to establish personal jurisdiction by 7/28/2025, the Court will dismiss this case on 7/31/25. Mailed notice. (jn,) 翻译 |
| 56 |
07/09/2025
|
MINUTE entry before the Honorable John Robert Blakey: Hearing held 7/9/25 on Plaintiff's motion for entry of default and for default judgment [62]. Defendants failed to appear, despite proper service and notice. For the reasons stated on the record, the motion [62] is denied. Mailed notice. 翻译 |
| 55 |
07/09/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for entry of default 翻译 |
| 54 |
07/02/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for entry of default 翻译 |
| 53 |
06/18/2025
|
PRELIMINARY Injunction Order. Signed by the Honorable John Robert Blakey on 6/18/2025. Mailed notice. 翻译 |
| 52 |
06/18/2025
|
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction [56]. Defendant failed to appear and failed to otherwise object in response to the TRO or Plaintiff's motion. Accordingly, and based upon the same findings made in this Court's TRO [49], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [56]. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel shall add Defendant to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Plaintiff shall file a status report by 7/16/25 proposing next steps to advance the case. Mailed notice. 翻译 |
| 51 |
06/10/2025
|
SUMMONS Returned Executed by Intercontinental Great Brands, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/10/2025, answer due 7/1/2025. 翻译 |
| 50 |
06/10/2025
|
NOTICE of Motion by Brandon Matthew Beymer for presentment of motion for preliminary injunction 56 before Honorable John Robert Blakey on 6/18/2025 at 11:00 AM. 翻译 |
| 49 |
06/10/2025
|
MEMORANDUM by Intercontinental Great Brands, LLC in support of motion for preliminary injunction 56 翻译 |
| 48 |
06/10/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for preliminary injunction 翻译 |
| 47 |
06/10/2025
|
SUMMONS Issued (Court Participant) as to Shop3188015 Store" that shall apply to Defendant 翻译 |
| 46 |
06/03/2025
|
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 50 to extend the temporary restraining order entered 5/27/25 49. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 6/24/25. The 6/4/25 Notice of Motion date is stricken. Mailed notice. 翻译 |
| 45 |
05/29/2025
|
NOTICE of Motion by Brandon Matthew Beymer for presentment of extension of time 50 before Honorable John Robert Blakey on 6/4/2025 at 11:00 AM. 翻译 |
| 44 |
05/29/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for extension of time to Extend the Temporary Restraining Order 翻译 |
| 43 |
05/27/2025
|
SEALED Temporary Restraining Order. Signed by the Honorable John Robert Blakey on 5/27/2025. Mailed notice. 翻译 |
| 42 |
05/27/2025
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff initially sought to sue multiple defendants in this single trademark infringement suit, see [1], [4]; [23], [24]. After the Court dismissed the initial and first amended complaints for failure to allege facts to support joinder, see [32], Plaintiff filed a second amended complaint naming just one Defendant, see [39], [40]. Having avoided joinder issues, and having otherwise supported its allegations and demonstrated a likelihood of success on the merits of its claims, Plaintiff may proceed on its amended complaint [40]. Based upon Plaintiff's submissions, the Court grants Plaintiff's motions for leave to seal [46] and for electronic service of process [44]. The Court also grants Plaintiff's motion seeking entry of a temporary restraining order [41]. Enter Sealed Temporary Restraining Order. Absent further order, this Temporary Restraining Order shall expire on 6/10/25. The 5/28/25 Notice of Motion date is stricken as to all motions. Mailed notice. 翻译 |
| 41 |
05/22/2025
|
NOTICE of Motion by Brandon Matthew Beymer for presentment of motion for service by publication 44, motion to seal document 46, motion for temporary restraining order 41 before Honorable John Robert Blakey on 5/28/2025 at 11:00 AM. 翻译 |
| 40 |
05/22/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC to seal document sealed document 43, sealed document, 40, sealed document, 12, sealed document 38, sealed document 37, sealed document 39 翻译 |
| 39 |
05/22/2025
|
MEMORANDUM by Intercontinental Great Brands, LLC in support of motion for service by publication 44 翻译 |
| 38 |
05/22/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for service by publication 翻译 |
| 37 |
05/22/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC MEMORANDUM in support of motion for temporary restraining order 41 (Unredacted) 翻译 |
| 36 |
05/22/2025
|
MEMORANDUM by Intercontinental Great Brands, LLC in support of motion for temporary restraining order 41 (Redacted) 翻译 |
| 35 |
05/22/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for temporary restraining order 翻译 |
| 34 |
05/22/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Second Amended Complaint (Unredacted) 翻译 |
| 33 |
05/22/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Schedule A to the Redacted Second Amended Complaint 翻译 |
| 32 |
05/22/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Exhibit 2 to the Redacted Second Amended Complaint 翻译 |
| 31 |
05/22/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Exhibit 1 to the Redacted Second Amended Complaint 翻译 |
| 30 |
05/22/2025
|
Second AMENDED complaint by Intercontinental Great Brands, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A (Redacted) 翻译 |
| 29 |
05/19/2025
|
MINUTE entry before the Honorable John Robert Blakey: The Court denies Plaintiff's motion for reconsideration [33] and strikes the 5/21/25 Notice of Motion date. Although Plaintiff's evidence may suffice to demonstrate that all three named Defendants are infringing Plaintiff's marks, the evidence does not demonstrate that the three may be joined in a single lawsuit. The 5/21/25 Notice of Motion date is stricken. The Court grants Plaintiff leave to file an amended complaint by 5/27/25, if it can do so consistent with its obligations under Rule 11; if Plaintiff declines to amend, the Court will dismiss this case. Mailed notice. 翻译 |
| 28 |
05/12/2025
|
NOTICE of Motion by Brandon Matthew Beymer for presentment of motion for reconsideration, 33 before Honorable John Robert Blakey on 5/21/2025 at 11:00 AM. 翻译 |
| 27 |
05/12/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for reconsideration regarding order on motion for temporary restraining order, order on motion for service by publication, order on motion to seal document, terminate deadlines and hearings, 32 翻译 |
| 26 |
05/07/2025
|
MINUTE entry before the Honorable John Robert Blakey: Plaintiff initially filed a complaint seeking to sue 300 separate defendants in this single trademark infringement suit, see 1, 2. Once the case was reassigned to this Court, however, Plaintiff filed an amended complaint, which names just three defendants, see 24. 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). In this regard, Plaintiff alleges that the Defendant Internet Stores "share unique identifiers, such as the following: common design elements, the same or similar Counterfeit/Infringing Products that they offer for sale, similar Counterfeit/Infringing Product descriptions, the same or substantially similar shopping cart platforms, the same accepted payment methods, the same check-out methods, the same dearth of contact information, and identically or similarly priced Counterfeit/Infringing Products and volume sales discounts. Moreover, each of the Defendants list the same "legal representative." The foregoing similarities establish a logical relationship between them and suggest that Defendants' illegal operations arise out of the same series of transactions or occurrences. 24 at 15. But this allegation remains largely conclusory, and the screenshot evidence attached to the complaint undermines the notion that the three named defendants are selling the same products at the same prices. See [24-2]. As a result, the Court finds that Plaintiff has failed to support the joinder of the named defendants in this single suit and dismisses Plaintiff's amended complaint 24. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may do so by 5/20/25. If Plaintiff elects to amend its complaint, it should also bolster its allegations relating to personal jurisdiction as to each Defendant; the mere maintenance of a website accessible in Illinois remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). The Court denies Plaintiff's motions for a temporary restraining order 9, 25 and for electronic service of process 13, 28. But the Court grants Plaintiff's motions for leave to seal 15, 30, and, if appropriate, Plaintiff may also file any amended complaint under seal. If Plaintiff declines to amend, the Court will dismiss this case. Mailed notice. 翻译 |
| 25 |
05/06/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC to seal document Second Motion to seal document 翻译 |
| 24 |
05/06/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for service by publication Second Motion for service by publication 翻译 |
| 23 |
05/06/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for temporary restraining order Second TRO Motion 翻译 |
| 22 |
05/06/2025
|
Redacted AMENDED complaint by Intercontinental Great Brands, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 翻译 |
| 21 |
05/02/2025
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. 翻译 |
| 20 |
05/02/2025
|
MAILED trademark report to Patent Trademark Office, Alexandria VA. 翻译 |
| 19 |
05/01/2025
|
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 |
| 18 |
05/01/2025
|
CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). 翻译 |
| 17 |
05/01/2025
|
ATTORNEY Appearance for Plaintiff Intercontinental Great Brands, LLC by Daliah Saper 翻译 |
| 16 |
05/01/2025
|
ATTORNEY Appearance for Plaintiff Intercontinental Great Brands, LLC by Brandon Matthew Beymer 翻译 |
| 15 |
05/01/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC to seal document sealed document, 6, sealed document 2, sealed document 11, sealed document, 12, sealed document 4, sealed document, 3, sealed document 7 翻译 |
| 14 |
05/01/2025
|
MEMORANDUM by Intercontinental Great Brands, LLC in support of motion for service by publication 13 翻译 |
| 13 |
05/01/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for service by publication 翻译 |
| 12 |
05/01/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Declaration of Plaintiff in Support of Motion for Temporary Restraining Order 翻译 |
| 11 |
05/01/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Unredacted Memorandum in Support of Plaintiff's Motion for Entry of Temporary Restraining Order 翻译 |
| 10 |
05/01/2025
|
MEMORANDUM by Intercontinental Great Brands, LLC in support of motion for temporary restraining order 9 Redacted Memorandum in Support of Plaintiff's Motion for Entry of Temporary Restraining Order 翻译 |
| 9 |
05/01/2025
|
MOTION by Plaintiff Intercontinental Great Brands, LLC for temporary restraining order 翻译 |
| 8 |
05/01/2025
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Intercontinental Great Brands, LLC 翻译 |
| 7 |
05/01/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Notice of Trademark Claim 翻译 |
| 6 |
05/01/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Unredacted Complaint 翻译 |
| 5 |
05/01/2025
|
CIVIL Cover Sheet 翻译 |
| 4 |
05/01/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Schedule A to the Redacted Complaint 翻译 |
| 3 |
05/01/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Exhibit 2 to the Redacted Complaint 翻译 |
| 2 |
05/01/2025
|
SEALED DOCUMENT by Plaintiff Intercontinental Great Brands, LLC Exhibit 1 to the Redacted Complaint 翻译 |
| 1 |
05/01/2025
|
COMPLAINT Redacted Complaint filed by Intercontinental Great Brands, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-23425854. 翻译 |