2025-cv-10061 AI分析
11/18/2025
MINUTE entry before the Honorable John Robert Blakey: The Court denies without prejudice Plaintiff's motion for temporary restraining order [39] because the memorandum in support of the motion makes clear that Plaintiff seeks to justify the exercise of personal jurisdiction based solely upon test buys made by or on behalf of Plaintiff, see [41] at 6. Although Defendant believes such test buys satisfy personal jurisdiction, this Court has held otherwise, see [10], [19]. If Plaintiff renews its motion, it must establish personal jurisdiction, as well as a likehood of success on the merits; the Court also rejects Plaintiff's arguments concerning the propriety of a bond in connection with any request for injunctive relief. The 11/19/25 Notice of Motion date is stricken. Mailed notice. 翻译
11/18/2025
CERTIFICATE of Service of Electronic Service by Megan Quinn Warshawsky on behalf of Fat Brain Toys, LLC regarding notice of motion[40], MOTION by Plaintiff Fat Brain Toys, LLC for temporary restraining order, Including a Temporary Injunction 翻译
11/17/2025
MEMORANDUM by Fat Brain Toys, LLC in support of motion for temporary restraining order 39 翻译
附件:
1:(Exhibit A)
11/17/2025
NOTICE of Motion by Joseph Ming Kuo for presentment of motion for temporary restraining order 39 before Honorable John Robert Blakey on 11/19/2025 at 11:00 AM. 翻译
11/17/2025
MOTION by Plaintiff Fat Brain Toys, LLC for temporary restraining order, Including a Temporary Injunction 翻译
11/17/2025
MINUTE entry before the Honorable John Robert Blakey: The Court denies Plaintiff's motion for a temporary restraining order because Plaintiff failed to provide a proposed order, as required by this Court's standing order. The 11/19/25 Notice of Motion date is stricken. Mailed notice. 翻译
11/13/2025
CERTIFICATE of Service by Megan Quinn Warshawsky on behalf of Fat Brain Toys, LLC regarding notice of motion 34, MOTION by Plaintiff Fat Brain Toys, LLC for temporary restraining order Plaintiff's Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction 33, memorandum in support of motion, 35 翻译
11/13/2025
NOTICE of Motion by Joseph Ming Kuo for presentment of motion for temporary restraining order 33 before Honorable John Robert Blakey on 11/19/2025 at 11:00 AM. 翻译
11/13/2025
MEMORANDUM by Fat Brain Toys, LLC in support of motion for temporary restraining order 33 Memorandum in Support of Plaintiff's Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction 翻译
附件:
1:(Exhibit)
11/13/2025
MOTION by Plaintiff Fat Brain Toys, LLC for temporary restraining order Plaintiff's Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction 翻译
11/13/2025
SUMMONS Returned Executed by Fat Brain Toys, LLC as to THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A on 11/12/2025, answer due 12/3/2025. 翻译
11/12/2025
SUMMONS Issued (Court Participant) as to Defendant THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A 翻译
11/06/2025
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's submissions, the Court grants Plaintiff's motion for electronic service of process 25 and strikes the Notice of Motion date. Mailed notice. 翻译
10/28/2025
MEMORANDUM Memo in Support of Plaintiff's Motion for Electronic Service of Process 翻译
附件:
1:(Exhibit)
2:Exhibit
10/28/2025
Motion for Electronic Service of Process NOTICE of Motion by Joseph Ming Kuo for presentment of 翻译
10/22/2025
AMENDED complaint by Fat Brain Toys, LLC against THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A 翻译
附件:
1:(Exhibit)
10/21/2025
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for leave to file a second amended complaint [21] and strikes the 10/22/25 Notice of Motion date; Plaintiff shall file the proposed amended pleading [21-1] as a separate docket entry by 10/24/25. Mailed notice. 翻译
10/13/2025
MOTION by Plaintiff Fat Brain Toys, LLC for leave to file Motion for Leave to File Second Amended Verified Complaint 翻译
附件:
1:(Exhibit)
10/13/2025
NOTICE of Motion by Joseph Ming Kuo for presentment of before Honorable John Robert Blakey on 10/22/2025 at 11:00 AM. 翻译
09/30/2025
MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed an amended complaint seeking to sue eight separate defendants for unfair competition and false advertising, see 11, 18. Joinder of multiple defendants in a single 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, upon information and belief, that "Defendants reside and/or operate in the People's Republic of China, Japan, United States, Australia, and/or other foreign jurisdictions, or redistribute products from the same or similar sources in those locations" and that "all Defendants manufacture, distribute, and sell the identical product." 11 at 4, 14. Plaintiff also alleges that "Defendants have sold the INFRINGING PRODUCT to Illinois consumers on multiple occasions." Id. at 41. To support this last allegation, Plaintiff alleges that its attorney made a test buy on 7/21/25, and that "Illinois consumer David Pollock" also purchased infringing products from two defendants in Illinois. See 11 at 43, 44. Initially, the fact that Plaintiff's purportedly disinterested consumer has the same last name as Plaintiff's counsel gives pause. More importantly, these allegations demonstrate, at best, that three of the named Defendants shipped a single infringing product to Illinois. They thus remain insufficient to establish personal jurisdiction as to all of the named Defendants. See, e.g., Walden v. Fiore, 571 U.S. 277, 285 (2014) ("the plaintiff cannot be the only link between the defendant and the forum"); Expeditee LLC v. Entities Listed on Exhibit 1, No. 21 C 6440, 2022 WL 1556381, at *4 (N.D. Ill. May 17, 2022) ("Plaintiff claims that, as part of its preliminary investigation, it purchased infringing products from the Moving Defendants that the Moving Defendants shipped to Chicago. Such sales on their own are insufficient for the purposes of personal jurisdiction, for Plaintiff has not identified evidence of any transactions involving an allegedly counterfeit product between the Moving Defendants and Illinois customers, other than the 'test buys.'"). Additionally, to the extent any Defendants reside and operate within the United States, personal jurisdiction and venue likely lie elsewhere. To be sure, the amended complaint does not satisfy the concerns expressed in the prior order, see 10 (finding that Plaintiff's allegations failed "to establish the propriety of a temporary restraining order" and instead undermined the representations concerning personal jurisdiction and venue). For these reasons, the Court again dismisses the complaint 11 and again denies the motions for TRO 13 and electronic service of process 16. The 10/1/25 Notice of Motion date is stricken. Mailed notice. 翻译
09/26/2025
MEMORANDUM by Fat Brain Toys, LLC in support of motion for miscellaneous relief 16 Memo in Support of Amended Motion for Electronic Service of Process 翻译
附件:
1:(Exhibit)
09/26/2025
MOTION by Plaintiff Fat Brain Toys, LLCAmended Motion for Electronic Service of Proces 翻译
09/26/2025
NOM Amended Motion for Electronic Service of Process NOTICE of Motion by Joseph Ming Kuo for presentment of before Honorable John Robert Blakey on 10/1/2025 at 11:00 AM. 翻译
09/26/2025
MEMORANDUM by Fat Brain Toys, LLC in support of motion for temporary restraining order 13 Memo in Support of Amended Ex Parte Motion for Entry of a TRO, including Temporary Injunction 翻译
09/26/2025
MOTION by Plaintiff Fat Brain Toys, LLC for temporary restraining order Amended Ex Parte Motion for Entry of a Temporary Restraining Order including a Temporary Injunction 翻译
09/26/2025
NOTICE of Motion by Joseph Ming Kuo for presentment of before Honorable John Robert Blakey on 10/1/2025 at 11:00 AM. 翻译
09/26/2025
Verified Amended Complaint AMENDED complaint by Fat Brain Toys, LLC against Fat Brain Toys, LLC 翻译
附件:
1:(Exhibit Exhibits)
08/26/2025
MINUTE entry before the Honorable John Robert Blakey: This case is before the Court on Plaintiff's motion for electronic service of process 4 and a temporary restraining order 6. Before the turning to the motions, the Court must first satisfy itself that venue is proper here and that it may properly exercise personal jurisdiction over Defendants, foreign companies operating in China, Japan, and Israel. See 1, paragraphs 58. 28 U.S.C. § 1391 provides that venue lies in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located"; in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated"; or "if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." Defendants are not residents of this district. The complaint only claims that Plaintiff's lawyers successfully placed an order shipping to Illinois from one of the Defendant companies. See 1 paragraph 16. This representation establishes only that Defendant shipped a single item to Illinois, and that was in connection with Plaintiff's test buy. They thus fail to establish the propriety of a temporary restraining order and instead undermine that this Court has proper personal jurisdiction and venue in this matter. See, e.g., Walden v. Fiore, 571 U.S. 277, 285 (2014) ("the plaintiff cannot be the only link between the defendant and the forum"); Expeditee LLC v. Entities Listed on Exhibit 1, No. 21 C 6440, 2022 WL 1556381, at *4 (N.D. Ill. May 17, 2022) ("Plaintiff claims that, as part of its preliminary investigation, it purchased infringing products from the Moving Defendants that the Moving Defendants shipped to Chicago. Such sales on their own are insufficient for the purposes of personal jurisdiction, for Plaintiff has not identified evidence of any transactions involving an allegedly counterfeit product between the Moving Defendants and Illinois customers, other than the 'test buys.'"). The Court thus denies without prejudice Plaintiff's motions 4, 6 and dismisses Plaintiff's complaint 1. If Plaintiff can, consistent with their obligations under Rule 11, amend their complaint to allege facts demonstrating that venue remains proper here and that this Court may properly exercise personal jurisdiction over Defendants, they may file an amended complaint by 9/26/25. If Plaintiff fails to comply, the Court will dismiss this case. Finally, the Court reminds counsel that all motions must be noticed for presentment. Mailed notice. 翻译
08/25/2025
Memorandum by Fat Brain Toys, LLC Amended Memorandum in Support of Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
附件:
1:Exhibit
2:Exhibit
3:(Exhibit)
08/25/2025
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
08/25/2025
CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Albert Berry, III. Case assignment: Random assignment. (Civil Category 2). 翻译
08/22/2025
Memorandum by Fat Brain Toys, LLC Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction 翻译
附件:
1:(Exhibit Exhibit A)
08/22/2025
MOTION by Plaintiff Fat Brain Toys, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction 翻译
08/22/2025
Memorandum by Fat Brain Toys, LLC Memorandum in Support of Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
附件:
1:(Exhibit)
2:Exhibit
3:Exhibit
08/22/2025
MOTION by Plaintiff Fat Brain Toys, LLC Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
附件:
1:Exhibit
2:Exhibit
3:(Exhibit)
08/22/2025
COMPLAINT Verified Complaint filed by Fat Brain Toys, LLC; Filing fee $ 405, receipt number AILNDC-23933109. 翻译
附件:
1:Exhibit Schedule A
2:Exhibit Exhibit C
3:Exhibit Exhibit B
4:Exhibit Exhibit A
5:Exhibit Exhibit D
6:(Civil Cover Sheet)
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