Osprey LLC v. Partnerships and Unincorporated Associations Identified on Schedule A

MINUTE entry before the Honorable April M. Perry: Plaintiff's motions for leave to file excess pages [16] and to seal [17] are granted. Plaintiff's motion for an ex parte temporary restraining order [13] is denied without prejudice. In order to be entitled to equitable relief like a TRO, Plaintiff must show (among other things) that there is ongoing or impending harm. Swanigan v. City of Chicago, 881 F.3d 577, 583 n. 2 (7th Cir. 2018). "Past injury alone is insufficient." Simic v. City of Chicago, 851 F.3d 734, 738 (7th Cir. 2017). Plaintiff has submitted as exhibits in support of its argument of infringement in this case screenshots of various defendants selling various products. The screenshots are from 4/21/2023 and 9/11/2024. This is not sufficient evidence of ongoing harm. Should Plaintiff re-file for a TRO, it is encouraged to submit live weblinks along with recent screenshots of the alleged infringement with notations (using either cover pages of a table of contents) within the exhibit noting the Defendant to which each screenshot applies so the Court can evaluate both personal jurisdiction and the likelihood of irreparable injury. The Court strikes the motion hearing on 2/20/2025. Mailed notice. (jcc,)

法院批准TRO