2025-cv-10239 AI分析
11/07/2025
NEW PARTIES: Shop1103919006 Store, Shop1103945280 Store, Shop1104055766 Store and SWoopBuy ML Store added to case caption. Terminating The Partnerships Identified on Schedule A 翻译
11/06/2025
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 11/6/2025. Motion hearing held. Motion for preliminary injunction 42 is granted. The plaintiff is hereby ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on court's website located www.ilnd.uscourts.gov/instructions. Mailed notice. 翻译
11/03/2025
SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships Identified on Schedule A on 11/3/2025, answer due 11/24/2025. 翻译
附件：
1:(Exhibit 3)
2:Exhibit 2
3:Exhibit 1
4:Declaration of Service
11/03/2025
NOTICE of Motion by John Joseph Mariane, IV for presentment of motion for preliminary injunction 42 before Honorable Jeremy C. Daniel on 11/6/2025 at 09:30 AM. 翻译
11/03/2025
SUMMONS Issued (Court Participant) as to Defendant The Partnerships Identified on Schedule A 翻译
10/27/2025
ORDER for Electronic Service of Process. Signed by the Honorable Jeremy C. Daniel on 10/27/2025. Mailed notice. 翻译
10/27/2025
MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for an extension of the temporary restraining order 36 is granted. The TRO now expires November 7, 2025. The October 28, 2025, motion hearing is stricken. Mailed notice. 翻译
10/21/2025
NOTICE of Motion by John Joseph Mariane, IV for presentment of extension of time 36 before Honorable Jeremy C. Daniel on 10/28/2025 at 09:30 AM. 翻译
10/21/2025
MOTION by Plaintiff Merch Traffic, LLC for extension of time for temporary restraining order 33 翻译
10/16/2025
SURETY BOND in the amount of $4,000 posted by Merch Traffic, LLC (Document Not Imaged) 翻译
10/10/2025
TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 10/10/2025. Mailed notice. 翻译
10/10/2025
MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for a temporary restraining order 20 is granted in part. The plaintiff's have established that the defendants sell t-shirts and posters bearing performing artist Madonna's image. On their respective websites, the defendants use the plaintiff's registered mark "MADONNA," which is the subject of two separate registrations, U.S. Registration Nos. 1,463,601 and 1,473,554. The latter is a service mark registered in connection with entertainment services. The Court questioned whether the plaintiff could assert a mark for entertainment services here, where the defendant did not offer such services. The plaintiff in its supplemental brief correctly notes that the test remains whether the accused use is likely to confuse consumers. In other words, as the Federal Circuit explained, "that the goods and services at issue fall within different classes does not preclude a finding that they are similar." In re Detroit Athletic Co., 903 F.3d 1297, 1307 (Fed. Cir. 2018). While not binding in this trademark case, the Federal Circuit's rational in Detroit Athletic is persuasive. The Court will not, however, enter an order restraining the defendant's assets. The Court sees no need to exercise its discretion in this fashion as the plaintiff offers no evidence that these defendants have transferred or are transferring assets to avoid judgment. The Court also sees no need to order expedited discovery in this case. Finally, the Court will not order third parties to disable or cease displaying the defendant's advertisements. The plaintiff is free to provide third parties with notice of this order and the related permanent injunction, and those third parties are free to decide the appropriate course to take. But the Court suspects that third parties that display the defendant's advertisements receive compensation for doing so, which means they have a financial interest in displaying those advertisements. The Court will not interfere with those interests when those third parties have not appeared in this case. Mailed notice. 翻译
10/09/2025
MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 23, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice. 翻译
10/03/2025
SUPPLEMENT to Court Order 28 翻译
附件：
1:(Declaration of Ann Marie Sullivan)(Sullivan, Ann Marie)
09/30/2025
MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. For the reasons stated on the record, plaintiff's supplemental brief is due by 10/3/2025. Plaintiff's Motion for Temporary Restraining Order 20 is taken under advisement. Plaintiff's Motion for Electronic Service of Process 24 is granted. Plaintiff may provide notice of these proceedings to Defendants, including notice of the preliminary injunction hearing and service of process pursuant to Fed. R. Civ. P. 4(f)(3), by electronically publishing a link to the Amended Complaint, this Order and other relevant documents on a website and by sending an email to any email addresses provided for Defendants by Defendants or any third-parties that includes a link to said website. Mailed notice 翻译
09/25/2025
NOTICE of Motion by Alison K Carter for presentment of motion for miscellaneous relief 24, motion for temporary restraining order 20 before Honorable Jeremy C. Daniel on 9/30/2025 at 09:30 AM. 翻译
09/25/2025
DECLARATION of Ann Marie Sullivan regarding motion for miscellaneous relief 24 for Electronic Service of Process 翻译
附件：
1:(Exhibit 1-2)
09/25/2025
MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief 24 for Electronic Service of Process 翻译
09/25/2025
DECLARATION of Ashlyn Oswald Beiersdorf regarding motion for temporary restraining order 20 翻译
附件：
1:(Exhibit 1)
09/25/2025
DECLARATION of Emily Holt regarding motion for temporary restraining order 20 翻译
附件：
1:(Exhibit 1)
09/25/2025
MEMORANDUM by Merch Traffic, LLC in support of motion for temporary restraining order 20 翻译
09/18/2025
MINUTE entry before the Honorable Jeremy C. Daniel: Show cause hearing held. This matter is taken under advisement. Mailed notice. 翻译
09/17/2025
ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Ann Marie Sullivan (Sullivan, Ann Marie) 翻译
09/16/2025
RESPONSE to Order to Show Cause 翻译
附件：
1:Exhibit 1
2:(Exhibit 2)
3:Declaration of Ann Marie Sulivan
09/15/2025
MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff may proceed on the amended complaint against four defendants. The plaintiff contends that it ordered an item from each of the four defendants, and that all the items arrived in the same package, which supports a finding that the separate orders are part of the same occurrence or series of occurrences. Accordingly, the Court exercises its discretion and allows joinder of these four defendants. Mailed notice. 翻译
09/12/2025
MEMORANDUM by Merch Traffic, LLC Establishing that Joinder is Proper Pursuant to Minute Order 11 翻译
附件：
1:(Exhibit 1 to the Declaration of John J. Mariane)
2:Declaration of John J. Mariane
09/12/2025
AMENDED complaint by Merch Traffic, LLC against The Partnerships Identified on Schedule A 翻译
附件：
1:Exhibit 1 - Trademarks
2:(Exhibit 2 - Amended Schedule A)
08/29/2025
MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion to seal 4 is denied. "The court may for good cause shown enter an order directing that one or more documents be filed under seal." L.R. 26.2(b). "[A] district court must be sensitive to the rights of the public in determining whether any particular document, or class of documents, is appropriately filed under seal." United States v. Corbitt, 879 F.2d 224, 228 (7th Cir. 1989). Here, the plaintiff seeks to temporarily seal the list of defendants it has sued and exhibits to a declaration in support of a temporary restraining order that it has yet to file. The plaintiff argues that it intends to seek temporary ex parte relief and that sealing is necessary to prevent the defendants from learning of these proceedings prior to execution of the temporary restraining order. The plaintiff claims that the defendants would destroy evidence and hide or transfer assets, which would frustrate the plaintiff's ability to secure relief. But the plaintiff has not presented any evidence to support these claims. And the Court declines to join in the plaintiff's rampant speculation. Therefore, Dkt. No. 2 is unsealed. In fact, the plaintiff's claims are so speculative and generalized that the Court questions whether the plaintiff conducted an inquiry reasonable under the circumstances and whether the factual contentions have any evidentiary support. The Court has similar concerns about allegations in the complaint, including "Defendants operate in a collective and organized manner, often monitor trademark infringement litigation alert websites, are in continuous and active concert with one another, are in frequent communication with each other utilizing online chat platforms and groups, and use these collective efforts in an attempt to avoid liability and intellectual property enforcement efforts," and "Defendants go to great lengths to conceal their identities often using fictitious names and addresses to register and operate their massive network. For example, many of Defendants' names and physical addresses used to register the Defendant Internet Stores are incomplete. Other Defendants use privacy services that conceal the owners' identity and contact information. Upon information and belief, Defendants regularly create new websites and online marketplace accounts on various platforms using the identities listed on Schedule A as well as other unknown fictitious names and addresses. These are some of the common tactics used by Defendants to conceal their identities, the full scope and interworking of their massive infringing operation, and to avoid being shut down." Consequently, the Court orders the plaintiff to show cause why it has not violated Fed. R. Civ. P. 11(b) by making generalized assertions not specific to the defendants named in this lawsuit or making allegations that have no evidentiary support. The rule to show cause hearing is set for September 18, 2025, at 9:30 a.m. Mailed notice. 翻译
08/29/2025
MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging infringement by 67 defendants. This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. See, e.g., Toyota Motor Sales, USA, Inc. v. The Partnerships, 24 CV 9401, Dkt. 27 (N.D. Ill. Nov. 18, 2024). Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before September 12, 2025. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. All pending motions are hereby stayed pending resolution of the joinder issue. Further, should the plaintiff (1) file an amended complaint naming fewer defendants in this case, (2) file a separate complaint naming one or more of the remaining defendants originally named in this case, and (3) assert the same claims against those defendants, the Court reminds the plaintiff of Local Rule 40.3(b)(2), which requires the plaintiff to indicate the number of the this case and the name of the judge to whom it was assigned. Mailed notice. 翻译
08/28/2025
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
08/28/2025
CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). 翻译
08/27/2025
COMPLAINT filed by Merch Traffic, LLC; Filing fee $ 405, receipt number AILNDC-23950501. 翻译
附件：
1:(Exhibit 1)
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