NOTICE of Motion by Matthew A. Werber for presentment of motion for preliminary injunction 24 before Honorable Manish S. Shah on 12/17/2024 at 09:45 AM.
原告提交PI申请Frida Kahlo Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified On Schedule A Hereto
案件进展
31 条记录MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction must be noticed for presentment and hearing on the court's motion call. Notices Mailed.
原告提交PI申请MEMORANDUM by Frida Kahlo Corporation in support of motion for preliminary injunction 24
原告提交PI申请MOTION by Plaintiff Frida Kahlo Corporation for preliminary injunction
原告提交PI申请NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to certain Defendants
SUMMONS Returned Executed by Frida Kahlo Corporation as to Frida Kahlo Corporation on 10/25/2024, answer due 11/15/2024.
NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to Certain Defendants
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto
Firm Check BOND in the amount of $ 10,000.00 Rcpt. No: 100011712 posted by Frida Kahlo Corporation
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 10/7/2024. Notices Mailed.
法院批准TROMINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are granted in part. The court concludes that if defendants are alerted to this case before an injunction can issue, they may take steps to evade detection, defeating plaintiff's efforts to enforce its trademark. The court continues to have doubts about whether using Frieda Kahlo as a product description is infringement and concludes that likelihood of success on the merits against every defendant is not strong. But on the sliding scale approach, with some likelihood of success and the irreparable harm that comes from any infringement of plaintiff's trademark, injunctive relief is appropriate. There is no harm to a defendant from being ordered to stop infringement. The court declines to restrain any assets. An accounting can be accomplished through discovery of sales records and restraining assets is too harmful to defendants. Good cause exists to authorize expedited discovery to identify defendants and conduct an accounting. Electronic service of process does not violate any treaty and is an effective method to communicate with defendants. The court has doubts about joinder and personal jurisdiction but will await adversarial presentation to resolve those issues. Security in the amount of $10,000 is sufficient to secure the TRO. Enter Sealed Temporary Restraining Order. Notices Mailed.
SEALED EXHIBIT by Plaintiff Frida Kahlo Corporation AMENDED Dorado Exhibit 1 regarding exhibit, 11
NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to certain defendants
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are taken under advisement and no appearance is necessary. The court will enter a ruling on the docket. The court has some concerns that some of defendants' alleged infringements amount to fair use of the name as a description, not as a source indicator, and the extraordinary relief of an ex parte TRO should not be allowed. See Hebrew Univ. of Jerusalem v. DealzEpic, No. 21 CV 5492, 2022 WL 3026934, at *3-5 (N.D. Ill. Aug. 1, 2022). Notices Mailed.
ATTORNEY Appearance for Plaintiff Frida Kahlo Corporation by Peter Krusiewicz
NOTICE of Motion by Matthew A. Werber for presentment of motion for temporary restraining order[9], motion for miscellaneous relief[12], motion to seal document[4] before Honorable Manish S. Shah on 9/26/2024 at 09:45 AM.
原告提交TRO申请MEMORANDUM by Frida Kahlo Corporation in Support of Joinder
MOTION by Plaintiff Frida Kahlo CorporationElectronic Service of Process
SEALED EXHIBIT by Plaintiff Frida Kahlo Corporation regarding memorandum in support of motion[10] (Attachments: # (1) Exhibit Dorado Ex. 1, Part 1 of 3, # (2) Exhibit Dorado Ex. 1, Part 2 of 3, # (3) Exhibit Dorado Ex. 1, Part 3 of 3)
MEMORANDUM by Frida Kahlo Corporation in support of motion for temporary restraining order[9]
原告提交TRO申请MOTION by Plaintiff Frida Kahlo Corporation for temporary restraining order
原告提交TRO申请MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
MAILED trademark report to Patent Trademark Office, Alexandria VA.
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.
CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2).
ATTORNEY Appearance for Plaintiff FRIDA KAHLO CORPORATION by Matthew A. Werber
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FRIDA KAHLO CORPORATION
MOTION by Plaintiff FRIDA KAHLO CORPORATION to seal document exhibit 3
SEALED EXHIBIT by Plaintiff FRIDA KAHLO CORPORATION Schedule A regarding complaint, 1
CIVIL Cover Sheet
COMPLAINT filed by FRIDA KAHLO CORPORATION; Filing fee $ 405, receipt number AILNDC-22483106.
