Bang Bang Merchandise LLP v. The Partnerships and Unincorporated Associations Identified On Schedule A

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion [34] to strike Plaintiff's motion [32] for entry of default and default judgment against all remaining defendants is granted. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 5/12/2025. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 26 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 29 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that the defendant listed on Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 5/13/2025 is stricken. Summons was issued on 4/15/2025, and Defendant's response to the complaint are due by 5/26/2025. Plaintiff should file any motion for entry of default and default judgment by 6/10/2025. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 6/17/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

SEALED Amended Temporary Restraining Order Signed by the Honorable Sunil R. Harjani on 4/28/2025. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 22 is granted. For the reasons stated in Plaintiff's Memorandum [22-1], the Court finds good cause to extend the temporary restraining order an additional 14 days to 5/13/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 5/6/2025. Telephone status hearing set for 4/29/2025 is stricken and reset to 5/13/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 4/15/2025. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed an Amended Complaint [14, 15] against only one defendant. As such, plaintiff need not file a memorandum on the permissibility of joinder as directed by the Court's Order dated 4/9/2025 16. Plaintiff's motion to file certain documents under seal 5, ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 9, and motion for electronic service of process 12 are granted. Plaintiff's submissions establish that, was defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, was defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. Further, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and there is no countervailing harm to defendant from an order directing it to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 12:00 p.m. on 4/15/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 4/22/2025. Telephone status hearing is set for 4/29/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion to file certain documents under seal 5, plaintiff's motion for temporary restraining order 9, and plaintiff's motion for electronic service of process 12 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 113 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 4/16/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a single defendant or a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice.