原告律所:Flener IP Law, LLC
品牌:Fairly Odd 版权
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| # | Date | Description |
| 9 |
11/14/2025
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MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal [4] is granted in part. Plaintiff's identity shall not be sealed. The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires plaintiffs to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical Schedule A online counterfeiting case. XYZ Corp. v. Partnerships and Unincorporated Associations Identified on Sched. A, No. 21- CV-06471, 2022 WL 180151 (N.D. Ill. Jan. 20, 2022); see also XYZ Corporation v. Partnership and Unincorporated Associations Identified on Schedule "A", 2020 WL 6681360 (N.D. Ill., 2020) (noting that in a case with an anonymous plaintiff suing sealed Schedule A defendants "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity."). The complaint identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, Plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 11/21/2025. The Court also sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 92 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff is reminded that "[c]ourts in this district generally agree that alleging that multiple defendants have infringed on the same copyright in the same way does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." See Roadget Bus. Pte. Ltd. v. Individuals, Corps, Ltd. Liab. Companies, Partnerships & Unincorporated Associations Identified on Schedule A, No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Plaintiff should also reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where the Court expressed its views on joinder in such cases. By 11/28/2025, Plaintiff must file a supplemental memorandum addressing the propriety of joining each defendant to every other defendant in light of the above cases. In the alternative, Plaintiff has leave to file an amended complaint by 11/28/2025 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Plaintiff is also directed to the Court's standing order on its website directing the filing of the Court's Schedule A Template within 14 days. Finally, to the extent Plaintiff intends to file a request for service via electronic means, that motion must be filed by 12/1/2025. Mailed notice. (jcc,) 翻译 |
| 8 |
11/14/2025
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ATTORNEY Appearance for Plaintiff FOT, LLC by Ying Chen 翻译 |
| 7 |
11/12/2025
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EMAILED Copyright report to Registrar, Washington DC 翻译 |
| 6 |
11/11/2025
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SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Complaint 翻译 |
| 5 |
11/12/2025
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CASE ASSIGNED to the Honorable April M. Perry. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 3). 翻译 |
| 4 |
11/11/2025
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MOTION by Plaintiff FOT, LLC for leave to file documents under seal 翻译 |
| 3 |
11/11/2025
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ATTORNEY Appearance for Plaintiff FOT, LLC by James Edward Judge 翻译 |
| 2 |
11/11/2025
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CIVIL Cover Sheet 翻译 |
| 1 |
11/11/2025
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COMPLAINT filed by FOT, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-24331736. 翻译 |