Koetsier v. The Partnerships and Unincorporated Associations Identified On Schedule A

SSEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 3/1/2024. Emailed notice. (cdh, ) (Entered: 03/01/2024)

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, a temporary asset restraint, expedited discovery and service of process by email and electronic publication 13 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. Emailed notice. (cdh, ) (Entered: 03/01/2024)

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motions for leave to file under seal 11 and motion to exceed page limitation 12 are granted. The documents filed at 2, 15, and 16 shall remain under seal until further court order. Plaintiff's brief in support of the TRO motion may exceed the 15-page limitation. Plaintiff's TRO motion 13 is taken under advisement. No appearance is necessary on 2/20/24. Emailed notice. (cdh, ) (Entered: 02/14/2024)