Order
Guangzhou Ganghun Trade Ltd. v. The Partnerships and Unincorporated Associations Identified in Schedule A
案件进展
46 条记录Miscellaneous Relief
Order
Order on Motion for Default Judgment
原告申请缺席判决Default Judgment
status report
text entry
request for default
add and terminate parties
notice of voluntary dismissal
原告撤诉/结案text entry
notice of voluntary dismissal
原告撤诉/结案text entry
notice of voluntary dismissal
原告撤诉/结案Civil Bond BOND in the amount of $ 10,000 money order, receipt no. 100007150 posted by Guangzhou Ganghun Trade LTD. (jb, )
set deadlines
preliminary injunction
order on motion for preliminary injunction
原告提交PI申请summons returned executed
order on motion for extension of time to answer
motion for extension of time to file answer
attorney appearance
certificate of service
order on motion for preliminary injunction
原告提交PI申请notice of motion
motion for preliminary injunction
原告提交PI申请notice of voluntary dismissal
原告撤诉/结案notice of voluntary dismissal
原告撤诉/结案NOTICE of Voluntary Dismissal by Guangzhou Ganghun Trade LTD. of Defendant CCbeauty (Moore, Stevenson) (Entered: 06/13/2024)
原告撤诉/结案SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 6/4/2024.Mailed notice(mjc, ) (Entered: 06/04/2024)
法院批准TROMINUTE entry before the Honorable LaShonda A. Hunt: Upon review of Plaintiff's Amended Schedule A 15 reducing the number of defendants from 24 to 10, the Court finds that joinder of these defendants is proper under 35 U.S.C. § 299 and Fed. R. Civ. P. 20, and the case may proceed. Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery and for Alternative Service 6 is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Mailed notice (mjc, ) (Entered: 06/04/2024)
法院批准TROSEALED DOCUMENT by Plaintiff Guangzhou Ganghun Trade LTD. Amended Schedule A (Ni, Hao) (Entered: 06/03/2024)
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Guangzhou Ganghun Trade LTD. filed this patent infringement suit against 24 defendants, alleging infringement of its design patent for twenty compartments within a palette box for face and body paint 1 [5-4]. After the Court questioned whether joinder of all defendants was appropriate 11,Plaintiff filed a memorandum 13 asserting that the standard set forth in 35 U.S.C. § 299 is satisfied because defendants are a related group of counterfeiters in China selling the same product under different brand names and packaging. Specifically, Plaintiff asserts that "each Infringing Product places black and white on the ends and the remaining eighteen identical colors placed in the same relative paint compartments," which suggests the products are "sourced from the same manufacturer." (Dkt. 13 at 3, 4). Plaintiff also points to the "identical branding" of many of the accused products, and similar descriptions and product images. Id. at 4-5. Having reviewed the screenshot evidence attached to the joinder memo as Exhibit A., the Court disagrees that Plaintiff has shown such a logical relationship between all these defendants. At most, Plaintiff points to copycat color placement and similar webpage descriptions but those facts, standing alone, are not enough to suggest relatedness. See Tang v. Schedule A Partnerships, No. 23 C 4587, 2024 WL 68332, at 2 (N.D. Ill. Jan. 4, 2024). The products are sold at varying price points, and some include a combination of different accessories such as brushes and stencils and stickers. In sum, this appears to the type of action against every potential infringer which is forbidden under Section 299. The Court thus finds that Plaintiff has not shown that joinder of all 24 defendants is proper. By 5/24/24, Plaintiff may file an amended Schedule A that satisfies the applicable standard. Otherwise, the Court will exercise its discretion to sever and dismiss parties without prejudice to cure the misjoinder here. See UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Mailed notice (mjc, ) (Entered: 05/16/2024)
MEMORANDUM order on motion to seal,,,,,,,,,,, order on motion for temporary restraining order,,,,,,,,,,, order on motion to seal document,,,,,,,,,,, terminate motions,,,,,,,,,,, terminate hearings,,,,,,,,,, 11 by Guangzhou Ganghun Trade LTD. RE: Joinder (Attachments: # 1 Exhibit A)(Najera, Nicholas) (Entered: 02/20/2024)
原告提交TRO申请ATTORNEY Appearance for Plaintiff Guangzhou Ganghun Trade LTD. by Nicholas Edward Najera (Najera, Nicholas) (Entered: 02/20/2024)
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motions for Leave to File Under Seal 4 8 are granted in part and denied in part. Schedule A 5, Exhibit 1 to the Complaint [5-1], [5-2] [5-3], and Exhibit A-1 to the Declaration of Linpeng Huang [7-2], [7-3], [7-4] shall remain sealed until further court order. However, Plaintiff has not established any basis for sealing its patent information [5-4], the memorandum in support of TRO 7, or the Declaration of Linpeng Huang [7-1]. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."). The Clerk's Office is directed, forthwith, to unseal Exhibit 2 to the Complaint [5-4], the memorandum in support of the TRO 7, and the Declaration of Linpeng Huang [7-1]. Plaintiff names 24 defendants in this single case and seeks ex parte TRO relief against each of them 6 . However, after reviewing the complaint 1, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/20/24, Plaintiff is ordered to 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. Alternatively, by the same deadline, Plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. The motion for a TRO 6 will remain under advisement until the joinder issue is resolved. No appearance is necessary on 2/13/24. Emailed notice. (cdh, ) (Entered: 02/06/2024)
原告提交TRO申请NOTICE of Motion by Stevenson Moore for presentment of motion to seal 4, motion to seal document, 8, motion for temporary restraining order 6 before Honorable LaShonda A. Hunt on 2/13/2024 at 10:00 AM. (Moore, Stevenson) (Entered: 02/05/2024)
法院批准TROATTORNEY Appearance for Plaintiff Guangzhou Ganghun Trade LTD. by Stevenson Moore (Moore, Stevenson) (Entered: 02/05/2024)
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. to seal document sealed document 7, MOTION by Plaintiff Guangzhou Ganghun Trade LTD. for temporary restraining order, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND FOR ALTERNATIVE SERVICE - Ex Parte 6 (Ni, Hao) (Entered: 02/03/2024)
法院批准TROSEALED DOCUMENT by Plaintiff Guangzhou Ganghun Trade LTD. Memo in Support of Motion (Attachments: # 1 Declaration of Huang, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3)(Ni, Hao) (Entered: 02/03/2024)
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. for temporary restraining order, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND FOR ALTERNATIVE SERVICE - Ex Parte (Ni, Hao) (Entered: 02/03/2024)
法院批准TROSEALED DOCUMENT by Plaintiff Guangzhou Ganghun Trade LTD. (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 1-3, # 4 Exhibit 2)(Ni, Hao) (Entered: 02/03/2024)
MOTION by Plaintiff Guangzhou Ganghun Trade LTD. to seal Schedule A to Complaint, Exhibit 1, and Exhibit 2 (Ni, Hao) (Entered: 02/03/2024)
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff filed this complaint and exhibits 1 on 1/22/24 but failed to identify specific defendants. Plaintiff indicated only that it would seek to file a "Schedule A" list of defendants under seal [1-2]. To date, that has not occurred. By 2/9/24, Plaintiff must file an appropriate Schedule A and any motion for leave to file under seal. Emailed notice. (cdh, ) (Entered: 02/02/2024)
MAILED Patent Request Letter to Plaintiff's counsel Hao Ni. (jb, ) (Entered: 01/23/2024)
COMPLAINT filed by Guangzhou Ganghun Trade LTD.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21554248. (Attachments: # 1 Exhibit Schedule A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Civil Cover Sheet)(Ni, Hao) (Entered: 01/22/2024)
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