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Case number 1:22-cv-01570

Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents

Date Field Doc. No.Description (Pages)
Mar 25, 2022 1 Complaint* (1)
Mar 25, 2022 N/A case assigned (0)
Docket Text: CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ak, )
Mar 25, 2022 N/A clerk's notice (0)
Docket Text: 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. (ak, ) 1 Filed & Entered: 03/25/2022 complaint Docket Text: COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-19282489. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 4)(Gaudio, Justin) 2 Filed & Entered: 03/25/2022 exhibit Docket Text: EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1] (Gaudio, Justin) Modified on 7/26/2022 (cxr, ). 3 Filed & Entered: 03/25/2022 exhibit Docket Text: EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint[1] (Gaudio, Justin) Modified on 7/26/2022 (cxr, ). 4 Filed & Entered: 03/25/2022Terminated: 06/08/2022 motion for leave to file Docket Text: MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) 5 Filed & Entered: 03/25/2022 civil cover sheet Docket Text: CIVIL Cover Sheet (Gaudio, Justin) 6 Filed & Entered: 03/25/2022 notification of affiliates pursuant to local rule 3.2 Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) 7 Filed & Entered: 03/25/2022 other Docket Text: Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) 8 Filed & Entered: 03/25/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) 9 Filed & Entered: 03/25/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) 10 Filed & Entered: 03/25/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) 11 Filed & Entered: 03/25/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) 12 Filed & Entered: 03/29/2022 Patent/Trademark report Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA. (aee, ) 13 Filed & Entered: 03/30/2022Terminated: 06/08/2022 motion for temporary restraining order Docket Text: MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) 14 Filed & Entered: 03/30/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[13] (Gaudio, Justin) 15 Filed & Entered: 03/30/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 16 Filed & Entered: 03/30/2022 declaration Docket Text: DECLARATION of Jason Groppe regarding memorandum in support of motion[14] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) 17 Filed & Entered: 03/30/2022 exhibit Docket Text: EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[16] (Gaudio, Justin) Modified on 7/26/2022 (cxr, ). 18 Filed & Entered: 03/30/2022Terminated: 06/08/2022 motion for miscellaneous relief Docket Text: MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) 19 Filed & Entered: 03/30/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[18] (Gaudio, Justin) 20 Filed & Entered: 03/30/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 21 Filed & Entered: 06/08/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [4], ex parte motion for a temporary restraining order [13], and motion for electronic service of process [18] are granted in part. Plaintiff's submissions, including the Declarations of Jason Groppe [16] and Justin Gaudio [15], 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. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [2], [3], and [17]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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 reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) 22 Filed & Entered: 06/08/2022 SEALED Order Docket Text: TEMPORARY Restraining Order. Signed by the Honorable John F. Kness on 6/8/2022. (rp, ) Modified on 7/26/2022 (cxr, ). Filed & Entered: 06/15/2022 summons issued Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (emc, ) 23 Filed: 06/15/2022 Entered: 06/16/2022 bond Docket Text: SURETY BOND in the amount of $ $10,000.00 posted by Oakley, Inc. (Document not scanned) (cxr, ) 24 Filed & Entered: 06/17/2022Terminated: 06/23/2022 extension of time Docket Text: MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Christensen, Jake) 25 Filed & Entered: 06/17/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of extension of time[24] (Attachments: # (1) Declaration of Jake M. Christensen)(Christensen, Jake) 26 Filed & Entered: 06/23/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time of Temporary Restraining Order [24] is granted. Enter separate order. Mailed notice (ef, ) 27 Filed & Entered: 06/23/2022 order Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/23/2022. Mailed notice(ef, ) 28 Filed & Entered: 06/30/2022Terminated: 07/25/2022 motion for preliminary injunction Docket Text: MOTION by Plaintiff Oakley, Inc. for preliminary injunction , MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Attachments: # (1) Exhibit A)(Christensen, Jake) 29 Filed & Entered: 06/30/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction, extension of time[28] (Attachments: # (1) Declaration of Jake M. Christensen, # (2) Exhibit 1)(Christensen, Jake) 30 Filed & Entered: 06/30/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/30/2022, answer due 7/21/2022. (Attachments: # (1) Declaration of Thomas J. Juettner, # (2) Exhibit A)(Juettner, Thomas) 31 Filed & Entered: 07/05/2022 order on motion for preliminary injunction Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [28] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 7/11/2022." Plaintiff must proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion [24] [25] to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice (ef, ) 32 Filed & Entered: 07/07/2022 certificate of service Docket Text: CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding order on motion for preliminary injunction,,,,, order on motion for extension of time,,,,, terminate deadlines and hearings,,,,, set motion and R&R deadlines/hearings,,,, [31] (Attachments: # (1) Exhibit A)(Christensen, Jake) 33 Filed & Entered: 07/15/2022 notice of voluntary dismissal Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) 34 Filed & Entered: 07/25/2022 order on motion for preliminary injunction Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [28] is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [32] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided [31] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice (ef, ) 35 Filed & Entered: 07/25/2022 order Docket Text: PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/25/2022. Mailed notice(ef, ) Filed & Entered: 07/27/2022 party added Docket Text: NEW PARTIES: Riding Cycling World Store, BANSTONE Official Store, Shop3625051 Store, KPY Glasses Store, A Grade Store, Goddess Favors Store, Infinite Favors Store, PADISAE Sunglasses Store, Shop911056086 Store, NOZOMI Store, Good quality and cheap shop Store, Silver riders E-bike Store, VGVshares Store, VETUZA Direct, yienll, OakHills, zhangmijia, ROCKSAFE, CHE SHUI MA LONG QUAN QIU JING PIN WU, yiwushiximengzidianzishangwuyouxiangongsi, huo shu lin, Xiling Trading, shleyqin, eyes baby, LV LIANG SHI LI SHI QU JIAN LONG WU JIN DIAN, shifenmei US, ILeU, jfight Store, good_happy Store, xxpfyf123 Store, outdoor012 Store, textilefactory Store, Better and Easy Life, Premier Mall, Fancy style, LesoGood Shop, Electronicstore and Seven color flower added to case caption. (Ziegler, Amy) 36 Filed & Entered: 08/05/2022 notice of voluntary dismissal Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) 37 Filed & Entered: 09/02/2022 notice of voluntary dismissal Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Christensen, Jake) 38 Filed & Entered: 09/02/2022 notice of voluntary dismissal Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Christensen, Jake) 39 Filed & Entered: 09/09/2022 notice of voluntary dismissal Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) 40 Filed & Entered: 09/13/2022Terminated: 10/24/2022 motion to approve consent judgment Docket Text: MOTION by Plaintiff Oakley, Inc. to approve consent judgment as to a Certain Defendant (Attachments: # (1) Exhibit A)(Gaudio, Justin) 41 Filed & Entered: 09/13/2022Terminated: 10/24/2022 motion for entry of default Docket Text: MOTION by Plaintiff Oakley, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to Certain Defendants (Attachments: # (1) Exhibit A)(Christensen, Jake) 42 Filed & Entered: 09/13/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[41] (Attachments: # (1) Exhibit 1)(Christensen, Jake) 43 Filed & Entered: 09/13/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42] (Attachments: # (1) Exhibit 1)(Christensen, Jake) 44 Filed & Entered: 09/15/2022 text entry Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [41] for entry of default and default judgment against certain Defendants. All Defendants identified in the motion for default have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure against the Defendants identified in the motion for default. Any objections to the motion for entry of default judgment must be filed on or before 9/26/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all relevant Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice (jk) 45 Filed & Entered: 09/16/2022 certificate of service Docket Text: CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding text entry,,, [44] (Attachments: # (1) Exhibit A)(Christensen, Jake) 46 Filed & Entered: 09/29/2022 attorney appearance Docket Text: ATTORNEY Appearance for Movant Lorianne Updike Toler by Lawrence A. Stein (Stein, Lawrence) 47 Filed & Entered: 09/29/2022Terminated: 10/05/2022 motion for leave to file Docket Text: MOTION by Movant Lorianne Updike Toler for leave to file brief amicus curiae (Stein, Lawrence) 48 Filed & Entered: 09/29/2022Terminated: 10/24/2022 motion for leave to file Docket Text: MOTION by Movant Lorianne Updike Toler for leave to file AMENDED AND OPPOSED (Stein, Lawrence) 49 Filed & Entered: 10/04/2022 response in opposition to motion Docket Text: RESPONSE by Oakley, Inc.in Opposition to MOTION by Movant Lorianne Updike Toler for leave to file AMENDED AND OPPOSED[48] (Attachments: # (1) Exhibit A)(Gaudio, Justin) 50 Filed & Entered: 10/05/2022 order on motion for leave to file Docket Text: ENTERED in Error. Modified on 10/5/2022 (ef, ). 51 Filed & Entered: 10/05/2022 text entry Docket Text: MINUTE entry before the Honorable John F. Kness: The Court's minute order at docket entry [50] was entered in error. Mailed notice (ef, ) 52 Filed & Entered: 10/24/2022 order on motion for leave to file Docket Text: ORDER: The motion (Dkt. 48) of Professor Lorianne Updike Toler for leave to file an amicus curiae brief is denied. See accompanying Statement for details. Signed by the Honorable John F. Kness on 10/24/2022. Mailed notice. (lxk, ) 53 Filed & Entered: 10/24/2022 order on motion to approve consent judgment Docket Text: ORDER: Plaintiff's motion to approve consent judgment (Dkt. 40) is granted. Enter consent judgment order as to Defendant Seven color flower. No other remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion (Dkt. 41) is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction is warranted. Plaintiff is awarded profits from each of the defaulting defendants, in the amounts set forth in the final judgment order, for their infringing use of Plaintiff's designs. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable John F. Kness on 10/24/2022. Mailed notice. (lxk, ) 54 Filed & Entered: 10/24/2022 order Docket Text: CONSENT JUDGMENT as to Seven color flower. Signed by the Honorable John F. Kness on 10/24/2022. Mailed notice. (lxk, ) 55 Filed & Entered: 10/24/2022 order Docket Text: FINAL JUDGMENT ORDER Signed by the Honorable John F. Kness on 10/24/2022. Mailed notice. (lxk, ) 56 Filed & Entered: 10/25/2022 Patent/Trademark report Docket Text: MAILED patent report and certified copy of Order dated 10/24/2022 [53] to Patent Trademark Office, Alexandria VA (cxr, ) Filed & Entered: 10/26/2022 mailed Docket Text: MAILED Surety Bond in the amount of $10,000.00 posted by Plaintiff to Amy Crout Ziegler at Greer, Burns & Crain, Ltd. via certified mail no. 7019 2280 0000 0962 9733. (lxk, )
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