最近更新：2025-04-03
2025-cv-00890 AI分析
| 日期 | 描述 |
|---|---|
| 04/02/2025 | SUMMONS Issued (Court Participant) as to Defendants TaiYuanShiCenXueShangMaoYouXianGongSi, the Individuals and Entities Operating TaiYuanShiCenXueShangMaoYouXianGongSi 翻译
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| 04/02/2025 | SUMMONS Submitted (Court Participant) for defendant(s) TaiYuanShiCenXueShangMaoYouXianGongSi and the Individuals and Entities Operating TaiYuanShiCenXueShangMaoYou XianGongSi by Plaintiff Advance Magazine Publishers Inc. 翻译
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| 04/01/2025 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for expedited discovery [28] and for electronic service of process [29] and strikes the 4/2/25 Notice of Motion date. Upon Plaintiff 's request, any third party with actual notice of this Order who is providing services for any of the Defendants, or in connection with the Online Marketplaces, including, without limitation, any online marketplace platforms such as Walmart, Inc. ("Walmart") and PayPal, Inc. ("PayPal") (the "Third Party Providers") shall, within seven (7) calendar days after receipt of such notice, provide to Plaintiff expedited discovery, including copies of all documents and records in such person's or entity's possession or control relating to: (a) the identities and locations of Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and any persons acting in concert or participation with them, including all known contact information and all associated e-mail addresses; and (b) the nature of Defendants' operations and all associated sales, methods of payment for services and financial information, including, without limitation, identifying information associated with the Online Marketplaces and Defendants' financial accounts, as well as providing a full accounting of Defendants' sales and listing history related to their Online Marketplaces. Plaintiff may provide notice of these proceedings to Defendants, including service of process pursuant to Fed. R. Civ. P. 4(f)(3), and any future motions, by electronically publishing a link to the Amended Complaint, this Order, and other relevant documents on a website, and by sending an e-mail with a link to said website to the e-mail addresses provided for Defendants by third parties. The Clerk of the Court is directed to issue a single original summons in the name of "TaiYuanShiCenXueShangMaoYouXianGongSi and the Individuals and Entities Operating TaiYuanShiCenXueShangMaoYou XianGongSi," which shall apply to all Defendants. The combination of providing notice via electronic publication and e-mail shall constitute notice reasonably calculated under all circumstances to apprise Defendants of the pendency of the action and afford them the opportunity to present their objections. Mailed notice. 翻译
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| 03/26/2025 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 29, motion for discovery 28 before Honorable John Robert Blakey on 4/2/2025 at 11:00 AM. 翻译
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| 03/26/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 30 翻译
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| 03/26/2025 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for miscellaneous relief 29 翻译
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| 03/26/2025 | MOTION by Plaintiff Advance Magazine Publishers Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
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| 03/26/2025 | MOTION by Plaintiff Advance Magazine Publishers Inc. for discovery Expedited 翻译
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| 02/21/2025 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Hannah Alexa Abes 翻译
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| 02/03/2025 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff may proceed on its amended complaint 24, which sues a single defendant for trademark infringement, see 25 and thus avoids any joinder issues. Mailed notice. 翻译
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| 01/30/2025 | EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Amended Schedule A regarding amended complaint, 24 翻译
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| 01/30/2025 | AMENDED complaint by Advance Magazine Publishers Inc. against TaiYuanShiCenXueShangMaoYouXianGongSi, the Individuals and Entities Operating TaiYuanShiCenXueShangMaoYouXianGongSi and terminating The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
附件： 1:(Exhibit 1) |
| 01/29/2025 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff sues 22 separately identified defendants for trademark infringement. See [1], [2]. Joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that "E-commerce stores operating under the Seller Aliases share unique identifiers, establishing a logical relationship between them and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences" and that "even though Defendants operate under multiple fictitious aliases, the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images." [1] 3, 24. Plaintiff also alleges that "Counterfeit Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Counterfeit Products were manufactured by and come from a common source and that Defendants are interrelated." Id. 24. Plaintiff also filed a memorandum in support of joinder, [20]. But the evidence submitted by Plaintiff belies the allegations concerning the "unique identifiers," and instead shows a variety of text, images, products, and displays, thus undermining Plaintiff's joinder arguments. As a result, Plaintiff may not proceed on the current complaint [1], and the Court dismisses it without prejudice. The Court also denies without prejudice Plaintiff's motions for a temporary restraining order [12] and electronic service of process [17]. Based upon Plaintiff's submissions, the Court grants Plaintiff's motion for leave to seal [3]; the 2/5/25 Notice of Motion date is stricken as to all motions. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to cure the deficiencies noted in this order, it may file an amended complaint, under seal if appropriate, by 2/12/25. If Plaintiff fails to comply, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also bolster its allegations relating to personal jurisdiction as to each Defendant; the mere maintenance of a website accessible in Illinois remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). Mailed notice. 翻译
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| 01/28/2025 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[12], motion for miscellaneous relief[17], motion for leave to file[3] before Honorable John Robert Blakey on 2/5/2025 at 11:00 AM. 翻译
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| 01/28/2025 | DECLARATION of Justin R. Gaudio regarding memorandum[20] 翻译
附件： 1:Exhibit 8 2:Exhibit 7 3:Exhibit 6 4:Exhibit 5 5:Exhibit 4 6:Exhibit 3 7:Exhibit 2 8:Exhibit 1 |
| 01/28/2025 | MEMORANDUM by Advance Magazine Publishers Inc. Establishing that Joinder is Proper 翻译
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| 01/28/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18] 翻译
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| 01/28/2025 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for miscellaneous relief[17] 翻译
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| 01/28/2025 | MOTION by Plaintiff Advance Magazine Publishers Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
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| 01/28/2025 | SEALED EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Exhibit 2 regarding declaration[15] 翻译
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| 01/28/2025 | DECLARATION of Eric Gisolfi regarding memorandum in support of motion[13] 翻译
附件： 1:Exhibit 1 |
| 01/28/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13] 翻译
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| 01/28/2025 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for temporary restraining order[12] 翻译
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| 01/28/2025 | MOTION by Plaintiff Advance Magazine Publishers Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
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| 01/28/2025 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. 翻译
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| 01/27/2025 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Luana Faria De Souza (Faria De Souza, Luana) 翻译
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| 01/27/2025 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Kahlia Roe Halpern 翻译
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| 01/27/2025 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Amy Crout Ziegler 翻译
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| 01/27/2025 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Justin R. Gaudio 翻译
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| 01/27/2025 | Notice of Claims Involving Trademarks by Advance Magazine Publishers Inc. 翻译
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| 01/27/2025 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Advance Magazine Publishers Inc. 翻译
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| 01/27/2025 | 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. 翻译
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| 01/27/2025 | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). 翻译
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| 01/27/2025 | CIVIL Cover Sheet 翻译
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| 01/27/2025 | MOTION by Plaintiff Advance Magazine Publishers Inc. for leave to file under seal 翻译
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| 01/27/2025 | SEALED EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Schedule A regarding complaint[1] 翻译
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| 01/27/2025 | COMPLAINT filed by Advance Magazine Publishers Inc.; Filing fee $ 405, receipt number AILNDC-23002728. 翻译
附件： 1:Exhibit 1 |
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