PRELIMINARY Injunction Order. Signed by the Honorable April M. Perry on 9/30/2025. Mailed notice. (jcc,)
法院批准初步禁令Duke University v. The Partnerships Identified On Schedule A
案件进展
41 条记录MINUTE entry before the Honorable April M. Perry: Hearing held on 9/30/2025. For the reasons set forth in the preliminary injunction motion, and with no objections raised by any Defendant, Plaintiff's motion for an entry of a preliminary injunction 30 is granted. The Clerk is directed to unseal this case. Enter order. Mailed notice. (jcc,)
法院批准初步禁令INJUNCTION BOND in the amount of $ 3,000.00 posted by Duke University
CERTIFICATE of Service pursuant to Minute Order 34 by John Joseph Mariane, IV on behalf of Duke University
MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for a preliminary injunction 30 is taken under advisement. Plaintiff's motion for entry of a preliminary injunction will be heard on 9/30/2025, at 10:00 a.m. in person in Courtroom 1725. The motion may be considered unopposed as to any defendant who does not file an objection by 9/29/2025 or appear at the hearing. Plaintiff must serve a copy of this minute order upon all affected defendants within one business day of its entry on the docket and promptly file proof of that service. Prior to the hearing, Plaintiff must file proof of bond payment. Mailed notice. (jcc,)
原告提交PI申请SUMMONS Returned Executed by Duke University as to The Partnerships Identified on Schedule A on 9/22/2025, answer due 10/13/2025.
NOTICE of Motion by Gouthami Vanam Tufts for presentment of motion for preliminary injunction 30 before Honorable April M. Perry on 9/30/2025 at 10:00 AM.
原告提交PI申请MEMORANDUM by Duke University in support of motion for preliminary injunction 30
原告提交PI申请MOTION by Plaintiff Duke University for preliminary injunction
原告提交PI申请SUMMONS Issued (Court Participant) as to Defendant The Partnerships Identified on Schedule A
ATTORNEY Appearance for Plaintiff Duke University by Ann Marie Sullivan (Sullivan, Ann Marie)
SEALED Temporary Restraining Order. Signed by the Honorable April M. Perry on 9/12/2025. (jcc,)
法院批准TROMINUTE entry before the Honorable April M. Perry: The Court finds that joinder of the three remaining defendants is proper at this stage based on representations made within Plaintiff's memorandum on joinder 18. Plaintiff's motion to seal 17, motion for a temporary restraining order 19, and motion for electronic service of process 22 are 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 an online marketplace defendant. Expedited discovery is warranted to identify Defendants and implement the asset freeze. If Defendants were to appear and object, the Court will revisit the asset freeze and personal jurisdiction. A $3,000 bond is sufficient to secure the injunctive relief. The Court vacates the motion hearing scheduled on 9/18/2025. Enter order. Mailed notice. (jcc,)
法院批准TRONOTICE of Motion by Gouthami Vanam Tufts for presentment of motion for temporary restraining order 19, motion for miscellaneous relief 22, motion for leave to file 17 before Honorable April M. Perry on 9/18/2025 at 10:00 AM.
原告提交TRO申请MEMORANDUM by Duke University in support of motion for miscellaneous relief 22 for electronic service of process
MOTION by Plaintiff Duke University for electronic service of process
SEALED DOCUMENT by Plaintiff Duke University Exhibit 1 to the Declaration of Ashlyn Oswald Beiersdorf
MEMORANDUM by Duke University in support of motion for temporary restraining order 19
原告提交TRO申请MOTION by Plaintiff Duke University for temporary restraining order
原告提交TRO申请SEALED DOCUMENT by Plaintiff Duke University Memorandum Establishing That Joinder Is Proper
MOTION by Plaintiff Duke University for leave to file Certain Documents Under Seal (Second)
SEALED DOCUMENT by Plaintiff Duke University Exhibit 3
SEALED DOCUMENT by Plaintiff Duke University Exhibit 2- Amended Schedule A
AMENDED complaint by Duke University against The Partnerships Identified on Schedule A
NEW PARTIES: Duke University added to case caption. Terminating XYZ Corporation
NEW PARTIES: Duke University added to case caption. Terminating XYZ Corporation
MINUTE entry before the Honorable April M. Perry: Plaintiff's motion to seal 5 is granted in part. Plaintiff's requests to proceed under a pseudonym and to seal Exhibit 1, which consists of its trademarks, are denied. There are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity. As the Seventh Circuit has explained, "[w]e have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016); see also Doe v. Loyola Univ. Chicago, 100 F.4th 910, 913 (7th Cir. 2024). Plaintiff's motion identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, Plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to Plaintiff's true identity by 9/15/2025. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 81 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff should reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where the Court expressed its views on joinder in such cases. By 9/22/2025, Plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the above cases. In the alternative, Plaintiff has leave to file an amended complaint by 9/22/2025 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Plaintiff is also directed to the Court's standing order on its website directing the filing of the Court's Schedule A Template within 14 days. Mailed notice. (jcc,)
MAILED to plaintiff(s) counsel Lanham Mediation Program materials
MAILED Trademark request letter to counsel of record.
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 April M. Perry. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).
ATTORNEY Appearance for Plaintiff XYZ Corporation by John Joseph Mariane, IV
ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter
SEALED DOCUMENT by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks
SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates
MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents Under Seal and Temporarily Proceed Under a Pseudonym
MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents Under Seal and Temporarily Proceed Under a Pseudonym
ATTORNEY Appearance for Plaintiff XYZ Corporation by Gouthami Vanam Tufts
CIVIL Cover Sheet
SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Unredacted)
COMPLAINT (REDACTED) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-23999918.
