2025-cv-04844 AI分析
05/07/2025
SEALED EXHIBIT by Plaintiff K and K Promotions, Inc. Schedule A regarding amended complaint[11] 翻译
05/07/2025
AMENDED complaint by K and K Promotions, Inc. against [REDACTED] 翻译
附件：
1:Exhibit 4
2:Exhibit 3
3:Exhibit 2
4:Exhibit 1
05/07/2025
NEW PARTIES: [REDACTED] added to case caption. Terminating The Partnerships And Unincorporated Associations Identified On Schedule A 翻译
05/07/2025
MINUTE entry before the Honorable John Robert Blakey: In this trademark infringement case, Plaintiff seeks to jointly sue 39 separate defendants, 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). Plaintiff does not specifically address joinder; instead, the complaint, which lumps all defendants together and generally alleges infringement of several different trademarks, alleges that E-commerce stores operating under the Seller Aliases share identifiers, such as design elements and similarities of the Unauthorized Products offered for sale, establishing that a logical relationship exists between them, and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences. [1] at 3. This is a conclusion, which the Court need not accept. Plaintiff likewise alleges 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 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 common features, such as 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. Additionally, Unauthorized Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Unauthorized Products were manufactured by and come from a common source and that Defendants are interrelated." Id. at 26. This allegation similarly remains conclusory; additionally, it is equally possible that each online retailer set up shop in the same or similar manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). As a result, the Court finds that Plaintiff has failed to support the joinder of 39 separate defendants in this single suit and dismisses Plaintiff's complaint [1]. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of all defendants in this single action, it may do so by 5/30/25. If Plaintiff declines to amend, 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."). The Court grants Plaintiff's motion to seal [3], and, if Plaintiff elects to amend, it may file any amended complaint under seal, if appropriate. Finally, the Court reminds counsel that all motions must be noticed for presentment. Mailed notice. 翻译
05/02/2025
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
05/02/2025
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
05/02/2025
MOTION by Plaintiff K and K Promotions, Inc. for Leave to File Certain Documents Under Seal 翻译
05/02/2025
SEALED EXHIBIT by Plaintiff K and K Promotions, Inc. Schedule A regarding complaint[1] 翻译
05/02/2025
COMPLAINT filed by K and K Promotions, Inc. ; Filing fee $ 405, receipt number AILNDC-23432138. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
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