2025-cv-02925 AI分析
05/12/2025
MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order [40] is granted. The Temporary Restraining Order entered on 4/29/2025 is extended by a period of fourteen (14) days until 5/27/2025. Mailed notice. 翻译
05/08/2025
MOTION by Plaintiff Bounce Curl, LLC for extension of time of Temporary Restraining Order 翻译
05/07/2025
SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
05/07/2025
SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Bounce Curl, LLC 翻译
05/02/2025
SURETY BOND in the amount of $ 44,000.00 posted by Bounce Curl, LLC. (Document not imaged) (Received via the Clerk's Office drop box on 05/02/2025.) 翻译
04/29/2025
SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 4/29/2025. Mailed notice. 翻译
04/29/2025
MINUTE entry before the Honorable Thomas M. Durkin: Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 19 is granted. Ex parte motion for entry of a temporary restraining order, including a temporary asset restraint and expedited discovery 27 is granted. Mailed notice. 翻译
04/28/2025
DECLARATION of Merian Odesho regarding memorandum in support of motion[28] 翻译
附件：
1:Exhibit 1
04/28/2025
EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 2 regarding memorandum in support of motion[28] 翻译
04/28/2025
SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 1 regarding memorandum in support of motion[28] 翻译
04/28/2025
MEMORANDUM by Bounce Curl, LLC in support of motion for temporary restraining order[27] 翻译
04/28/2025
MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
04/08/2025
MINUTE entry before the Honorable Thomas M. Durkin: The Court's order of 3/26/2025 23 denying Plaintiff's original motion for a temporary restraining order 14 is vacated as erroneous. The Court sua sponte reconsiders Plaintiff's motion for a temporary restraining order filed 3/21/2025 14, along with Plaintiff's renewed motion for a temporary restraining order filed 4/4/2025 24. Both motions 14 24 are denied for failure to establish a likelihood of success on the merits. Plaintiff has brought a design patent claim. Plaintiff's motion contends that "Plaintiff has submitted extensive documentation that Defendants make, use, offer for sale, sell, and/or import into the United States for subsequent sale or use the same product, namely hairbrushes, that infringes directly and/or indirectly the Bounce Curl Design," and that this documentation "shows that an ordinary observer would be deceived into thinking that the Infringing Product was the same as the Bounce Curl Design." In support of this argument, Plaintiff cites a paragraph 10 of the declaration of Plaintiff's founder and CEO. In that paragraph of her declaration, Plaintiff's CEO states that Plaintiff's "investigations show that Defendants are making, using, offering for sale, selling, and/or importing into the United States for subsequent sale or use the same product, namely hairbrushes, that infringe directly and/or indirectly the Bounce Curl Design." These statements do not address the elements of design patent infringement with a descriptive comparison of Plaintiff's design patent to the products sold by Defendants. The Court also requires some discussion of the relevant prior art with respect to the perspective of the ordinary observer. Having failed to provide this more substantive analysis, Plaintiff has not established a likelihood of success on the merits. Plaintiff's renewed motion, which is limited to seeking an asset restraint, is also denied because a finding of a likelihood of success on the merits is necessary for the imposition of any kind of injunction. Mailed notice. 翻译
04/04/2025
Plaintiff's Supplemental Memorandum in Support of Plaintiffs Renewed Ex Parte Motion for Entry of a Temporary Restraining Order by Bounce Curl, LLC 翻译
附件：
1:(Exhibit 1)
04/04/2025
MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Renewed) 翻译
03/26/2025
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for a temporary restraining order 14 is denied without prejudice. Plaintiff's declaration 17 fails to include facts sufficient to establish a prima facie case of loss of goodwill and reputation which is necessary to demonstrate irreparable harm in this case. See Gabrielle Brianna Delgado v. The Partnerships etc. on Schedule A, 24-cv-11940, Dkt. # 17 (N.D. Ill. Dec. 19. 2024). The statements by Plaintiff's founder and CEO are some evidence of loss of goodwill and reputation, but more objective evidence is necessary in order to grant an ex parte temporary restraining order. See, e.g., Spin Master Ltd. v. The Partnerships etc. on Schedule A, 24 C 3006, Dkt. # 16 (N.D. Ill. Apr. 17, 2024) (declaration containing allegations the Court found sufficient to establish irreparable harm from a copyright violation); Peanuts Worldwide LLC v. The Partnerships etc. on Schedule A, 24 C 8685, Dkt. # 17 (N.D. Ill Sept. 24, 2024 (same). Mailed notice. 翻译
03/24/2025
MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice. 翻译
03/21/2025
MOTION by Plaintiff Bounce Curl, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
03/21/2025
DECLARATION of Merian Odesho regarding memorandum in support of motion[15] 翻译
附件：
1:Exhibit 1
03/21/2025
MEMORANDUM by Bounce Curl, LLC in support of motion for temporary restraining order[14] 翻译
03/21/2025
MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
03/20/2025
MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal [4] is granted. Mailed notice. 翻译
03/19/2025
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
03/19/2025
CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1). 翻译
03/19/2025
COMPLAINT filed by Bounce Curl, LLC; Filing fee $ 405, receipt number AILNDC-23232630. 翻译
附件：
1:Exhibit 2
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