Case number 1:21-cv-00153
NYANIFY, Inc., et al. v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 20, 2021 | N/A | mailed (0) Docket Text: MAILED surety bond in the amount of $10,000.00 to plaintiff's counsel Matthew A. Werber, certified mail no. 7019 2280 0000 0962 6206. (sxb, ) |
| Mar 5, 2021 | 29 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendants (Roth, Ariel) |
| Feb 26, 2021 | 28 | order (1) Docket Text: ORDER: Defendants No. 51 NO4LRM; No. 73 Zero of the World; No. 85 2ccm06; No. 87 201667; No. 194 KEITH WRIGHT; No. 199 SDHM.Home; No. 214 ZZY-Fashion; and No. 217 tanqin rong are hereby dismissed with prejudice and each party shall bear its own attorney's fees and costs pursuant to the Notice of Dismissal Under Rule 41(a)(1) [27] filed by Plaintiff on 2/26/2021. Signed by the Honorable Martha M. Pacold on 2/26/2021. Mailed notice (jh, ) |
| Feb 26, 2021 | 27 | notice of voluntary dismissal (3) Docket Text: NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendants (Roth, Ariel) |
| Feb 26, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: YeFuZhong added to case caption. (Roth, Ariel) |
| Feb 24, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: 2ccm, dehuishiz hanqianjiefanhuayiriyongbaihuodian, dhferirig, YADFEWFS, ytgvbfgcgfd, Gyfter, Handmade art jewelry shop, jftdjfstj, jiangpin_2011, oppvb65G4, parmacist, Kunming Juncheng Property Management Co., Ltd., asfadsgfh, ZZY-Fashion, Mei Fu Lin, Carhavegogo, tanqin rong and Ruida Rong added to case caption. (Roth, Ariel) |
| Feb 24, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: uaguan8, VELS&VKAE, vfdb fd, WENGRJMFIREBDY, WenJiangQuYuanRuChuBaiHuoDian, xianshixinchengquaiyanbaihuoshangmaobu, xianshixinchengquyanzihufupinshangmaohang1, xxuoo, ying jiang hui min chao shi you xian gong si, yuanxiangzhuangshigongchengyouxiangongsi, Zhao Qingle L, zhenshang-US, ZXYAECQ, JinJ, CuteLu, JIIK HU, HanTuNu, dongwanshihuayikejikaifayouxiangongsi, purui, SuWuan, daanshiding feibaihuodian, MIANJIN-QING-SHOP, WANSU commerce and trade, Monds-Boshi, Dongguan Longbaiqi Clothing Co., Ltd, MaoGoose, pengyou20212018, tikusm0, Mmouspart, AnnaBo, YIJIN37, seppeshewr, niceVIP, liuqinhui1998, msixunbeuidn, zhenxiyongjiu, zhaojingyan190306, akjgsuardsuafp, wangyuping73, huangxianhui66058, sfgtwwe store, DEMETREE HENRY, mawenwen Store, Lianglili1984, Xiaopingmilk, luohan1003, zhangsa864569, zhangsan7320, zengguizhu, jiweiguo66058, LiuNa56065, Art101, fhueyuhwn, aringstore, Reigh Liassd, shgnksg, NBUQSG, jfdhgt, srfaerrti, SANCHIBAILING, ASDASDQOF, Albert Jodie, dnTncjwD, fgcjfthdrhdrg, Glenn Isidore, hdsgfhgvss, hrtjwer, jkguyfgytftrdfrt, KEITH WRIGHT, putianshikaiganmaoyiyouxiangongsi, xyininl89, YIEOFH, yuakyerme, SDHM.Home and Suroise added to case caption. (Roth, Ariel) |
| Feb 24, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: leizhongbushini, 201667, Betsy Sandy, Susan Elsie, Brady Jobies, guangdongxinyouhaoqiyeguanlifuwuyouxiangongsi, MRss, DaisTurner, FACTURE Furnishing, chuxiongdehaofangdichankaifayouxiangongsi, corwyricky, cumaoFV, daibaie, Decoration Engineeringl, Derdeo, DongYingShiRongJuChangShangMaoYouXianGongSi, Enjoy-Sexy, FAFFDFEEE, Fallautuom, fdgcjfgjdhf, FDJHUWSNFIWIPO, fGa2WbXGbmaP, fhgyrdcgh, Hai Ming, hayyiu21, Hellophone21, hongtuxieyejingyingbu, Katiek, KRBYELVJ, lanhaomh, LOLLILOLLEPO, Long Min Mao Yi, qingdaohainayunzhishangmaoyouxian, QingTaoYangShangMao, rgr62h6rrh5, Samuel Kit, sdgdfgdfgv, Sebastiaa Jacoibd, Sgadvasd and SOLHIDF added to case caption. (Roth, Ariel) |
| Feb 24, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: NO4LRM, peihus, POTUSA, QKBUY, RenLiJunx, SamanJonestha, Seriously21, shagaiyioump, shandongjianengjiancaiyouxiangongsi, shanghaiquanxindianqishebeiyouxiangongsi, SUNNEY RONG, Tiryonlie, TTmmon555, vb-fgh54j, vceyuj, wfdvcxv, WUYOUWULV, xinmishiqingpingkangmubaihuodian, yangyinggang, yhuthy, yintaiquwangshiaohongtaiyangbaihuoshangdianpu, yongrenxiangongxiaosheshengchanshenghuoziliaoyouxi, Zero Of The World, ZSHURDecor, lippesonvhkrum, HLoong123, Yuanbo Education Technology, FaceTi, Yunnan Lvfei Agricultural Technology Co., Ltd., QiChunJinYuShuMaoDianZiShangWuYouXianGongSi, A chord, BHBCE, sampson36christmansp57 and 2ccm06 added to case caption. (Roth, Ariel) |
| Feb 24, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: dhghjggscvk, DNYNQZOUAG, dpwihjfb, ELIZABETH TODD, Ervqnpp Ggrbugs, FGJ-BVM21, g33djlvhlup, guangdongbaobaozhifenwenhua, hanyanan, huairenshiyaxianziyahuohaixiandian, jiaxingshig ounaokefushiyouxiangongsi, KQBAG, kunshanluheyuanshangmaoyouxiangongsi, LiXiLianzz, MadeToOrderDecors, MaYiMing, minLdaRg, Mount Huang, NewYe and ningmengjia added to case caption. (Roth, Ariel) |
| Feb 24, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: Jamie1, k1-K2-c3, HaleyElijahoJdKh, Mndsjheiru58723, nanxie, rosalbadaugherty, surprise ping, wucuiganyin, zhanyang fashion, bowlife, Mecoolid, Spring Rainy day, AshleyBParker, MichaelBMcGrath, 3654100dfw, argument, beijingmuxingxiwangluokejiyouxiangongsi, Blueberrty, Cora Herrera and CVB21HJL0J added to case caption. (Roth, Ariel) |
| Feb 24, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: YIJ1N16, YIJIN12, YIJIN14, YIJIN17, YIJIN18, YIJIN22, YIJIN26, 08-DH, 9CCM and CB added to case caption. (Roth, Ariel) |
| Feb 23, 2021 | 26 | preliminary injunction (8) Docket Text: PRELIMINARY INJUNCTION Order signed by the Honorable Martha M. Pacold on 2/23/2021. Mailed notice (jh, ) |
| Feb 23, 2021 | 25 | order on motion for preliminary injunction (1) Docket Text: ORDER: No defendant has appeared or filed an objection to the motion for preliminary injunction [21]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiffs' motion for preliminary injunction [21] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Signed by the Honorable Martha M. Pacold on 2/23/2021. Mailed notice (jh, ) |
| Feb 22, 2021 | 24 | certificate of service (2) Docket Text: CERTIFICATE of Service Service of Minute Order on Defendants on February 11, 2021 by Matthew A. Werber on behalf of Trademark Holder Identified in Exhibit 1 regarding set motion and R&R deadlines/hearings, [23] (Werber, Matthew) |
| Feb 11, 2021 | 23 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve all defendants with this notice. The court has taken the motion for a preliminary injunction [21] under advisement and will consider the motion unopposed if no defendant appears and objects by 2/18/2021 (rao, ) |
| Feb 9, 2021 | 22 | Declaration Declaration of Matthew A. Werber (14) |
| Feb 9, 2021 | 22 | Main Document (6) Docket Text: MEMORANDUM by Trademark Holder Identified in Exhibit 1 in support of motion for preliminary injunction[21] (Attachments: # (1) Declaration Declaration of Matthew A. Werber)(Werber, Matthew) |
| Feb 9, 2021 | 21 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Trademark Holder Identified in Exhibit 1 for preliminary injunction (Werber, Matthew) |
| Feb 9, 2021 | 20 | summons returned executed (4) Docket Text: SUMMONS Returned Executed by Trademark Holder Identified in Exhibit 1 as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto on 2/9/2021, answer due 3/2/2021. (Roth, Ariel) |
| Feb 8, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto (crl, ) |
| Jan 28, 2021 | 19 | order (2) Docket Text: ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/28/2021:(rao, ) |
| Jan 28, 2021 | 18 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion to extend the Temporary Restraining Order [16] is granted. (rao, ) |
| Jan 27, 2021 | 17 | Patent/Trademark report (26) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Jan 27, 2021 | 16 | extension of time (4) Docket Text: MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO for extension of time (Werber, Matthew) |
| Jan 21, 2021 | 15 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO (Document not scanned) (td, ) |
| Jan 14, 2021 | 14 | SEALED Order (9) Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/14/2021:(rao, ) |
| Jan 14, 2021 | 13 | order on motion for temporary restraining order (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions ([6], [8]) filed by plaintiffs Nyanify, Inc. and Christopher Orlando Torres (who refer to themselves collectively as "plaintiff"), the supporting memoranda ([7], [9]) and the temporary restraining order, plaintiff's motions for electronic service of process [8], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [6] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. The Clerk's Office is directed to change the caption to reflect two plaintiffs "Nyanify, Inc. and Christopher Orlando Torres" instead of the singular plaintiff referred to as "Trademark Holder Identified in Exhibit 1." Enter Sealed Temporary Restraining Order. (rao, ) |
| Jan 13, 2021 | 12 | Exhibit Schedule A (1) |
| Jan 13, 2021 | 12 | Exhibit Exhibit 7 (1) |
| Jan 13, 2021 | 12 | Exhibit Exhibit 6 (55) |
| Jan 13, 2021 | 12 | Exhibit Exhibit 5 (20) |
| Jan 13, 2021 | 10 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO by Ariel Roth (Roth, Ariel) |
| Jan 13, 2021 | 11 | order on motion to seal document (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal [5] is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity: Plaintiff's ex parte motion for preliminary injunctive relief will be adjudicated promptly, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Accordingly, Plaintiff must file an amended complaint disclosing its name and asserted trademarks. Subject to unsealing at an appropriate time, Plaintiff may file Exhibit 1 (identifying Defendants listed on Schedule A), ex parte motions, and other associated filings under seal. (rao, ) |
| Jan 13, 2021 | 12 | Main Document (15) Docket Text: AMENDED complaint by TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO against THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A HERETO (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit Exhibit 1, # (3) Exhibit Exhibit 2, # (4) Exhibit Exhibit 3, # (5) Exhibit Exhibit 4, # (6) Exhibit Exhibit 5, # (7) Exhibit Exhibit 6, # (8) Exhibit Exhibit 7)(Werber, Matthew) |
| Jan 13, 2021 | 12 | Exhibit Exhibit 4 (2) |
| Jan 13, 2021 | 12 | Exhibit Exhibit 1 (1) |
| Jan 13, 2021 | 12 | Exhibit Exhibit 2 (2) |
| Jan 13, 2021 | 12 | Exhibit Exhibit 3 (3) |
| Jan 12, 2021 | 7 | Exhibit Trademark Holder Decl. Ex. 1, 4 of 4 (320) |
| Jan 12, 2021 | 9 | Declaration Werber Decl. Regarding Electronic Service w/Exs. A - C (30) |
| Jan 12, 2021 | 9 | Main Document (8) Docket Text: MEMORANDUM by TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO in support of motion for miscellaneous relief[8] (Attachments: # (1) Declaration Werber Decl. Regarding Electronic Service w/Exs. A - C)(Werber, Matthew) |
| Jan 12, 2021 | 8 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO Electronic Service of Process (Werber, Matthew) |
| Jan 12, 2021 | 7 | Exhibit Trademark Holder Decl. Ex. 1, 3 of 4 (377) |
| Jan 12, 2021 | 7 | Exhibit Trademark Holder Decl. Ex. 1, 2 of 4 (399) |
| Jan 12, 2021 | 7 | Exhibit Trademark Holder Decl. Ex. 1, 1 of 4 (407) |
| Jan 12, 2021 | 7 | Declaration Trademark Holder Declaration (7) |
| Jan 12, 2021 | 7 | Declaration Werber Declaration w/Ex. A-C (99) |
| Jan 12, 2021 | 7 | Main Document (20) Docket Text: MEMORANDUM IN SUPPORT OF TRO MOTION and EXHIBITS. MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO for temporary restraining order. (Attachments: # (1) Declaration Werber Declaration w/Ex. A-C, # (2) Declaration Trademark Holder Declaration, # (3) Exhibit Trademark Holder Decl. Ex. 1, 1 of 4, # (4) Exhibit Trademark Holder Decl. Ex. 1, 2 of 4, # (5) Exhibit Trademark Holder Decl. Ex. 1, 3 of 4, # (6) Exhibit Trademark Holder Decl. Ex. 1, 4 of 4)(Werber, Matthew) Modified on 2/23/2021 (jh, ). |
| Jan 12, 2021 | 6 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO for temporary restraining order (Werber, Matthew) |
| Jan 12, 2021 | 5 | Declaration Declaration of Ariel Roth (7) |
| Jan 12, 2021 | 5 | Main Document (4) Docket Text: MOTION by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO to seal document exhibit, [2] (Attachments: # (1) Declaration Declaration of Ariel Roth)(Werber, Matthew) |
| Jan 11, 2021 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO by Matthew A. Werber (Werber, Matthew) |
| Jan 11, 2021 | 3 | civil cover sheet (2) Docket Text: CIVIL Cover Sheet (Werber, Matthew) |
| Jan 11, 2021 | 2 | Exhibit Exhibit 7 (17) |
| Jan 11, 2021 | 2 | Exhibit Exhibit 4 (2) |
| Jan 11, 2021 | 2 | Exhibit Exhibit 3 (3) |
| Jan 11, 2021 | 2 | Exhibit Exhibit 2 (2) |
| Jan 11, 2021 | 2 | Exhibit Exhibit 1 (1) |
| Jan 11, 2021 | 2 | Exhibit Schedule A (13) |
| Jan 11, 2021 | 2 | Main Document (1) Docket Text: SEALED EXHIBIT by Plaintiff TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO SEALED EXHIBITS TO COMPLAINT regarding complaint, [1] (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit Exhibit 1, # (3) Exhibit Exhibit 2, # (4) Exhibit Exhibit 3, # (5) Exhibit Exhibit 4, # (6) Exhibit Exhibit 7)(Werber, Matthew) |
| Jan 11, 2021 | 1 | Exhibit Exhibit 7 (1) |
| Jan 11, 2021 | 1 | Exhibit Exhibit 6 (55) |
| Jan 11, 2021 | 1 | Exhibit Exhibit 5 (20) |
| Jan 11, 2021 | 1 | Exhibit Exhibit 4 (1) |
| Jan 11, 2021 | 1 | Exhibit Exhibit 3 (1) |
| Jan 11, 2021 | 1 | Exhibit Exhibit 2 (1) |
| Jan 11, 2021 | 1 | Exhibit Exhibit 1 (1) |
| Jan 11, 2021 | 1 | Exhibit Schedule A (1) |
| Jan 11, 2021 | 1 | Main Document (14) Docket Text: COMPLAINT filed by TRADEMARK HOLDER IDENTIFIED IN EXHIBIT 1 HERETO; Filing fee $ 402, receipt number 0752-17814707. (Attachments: # (1) Exhibit Schedule A, # (2) Exhibit Exhibit 1, # (3) Exhibit Exhibit 2, # (4) Exhibit Exhibit 3, # (5) Exhibit Exhibit 4, # (6) Exhibit Exhibit 5, # (7) Exhibit Exhibit 6, # (8) Exhibit Exhibit 7)(Werber, Matthew) |
| Jan 11, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (exr, ) |
