2024-cv-24476

COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17980277, filed by Fanatics, LLC.

Civil Cover Sheet

(Exhibit 1 to Complaint - Certificates of Registration for the Fanatics Trademarks)

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK.

(Complaint and Exhibits) (jas)

NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 11/13/2024. (bs00)

Plaintiff's Corporate Disclosure Statement by Fanatics, LLC identifying Corporate Parent Fanatics Holdings, Inc. for Fanatics, LLC

Plaintiff's MOTION to Seal per Local Rule 5.4 by Fanatics, LLC.

(Text of Proposed Order Granting Motion to File Under Seal)

PAPERLESS ORDER granting 6 Plaintiff's Motion to File Under Seal. Schedule A to the Plaintiff's Complaint shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge Darrin P. Gayles on 11/14/2024. (bs00)

Sealed Document re DE# 7 Order on Motion to Seal, by Fanatics, LLC.

(Schedule "A" to Plaintiff's Complaint for Injunctive Relief and Damages)

Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof by Fanatics, LLC.

Declaration of Jim Aronowitz in Support Thereof

Declaration of Stephen M. Gaffigan in Support Thereof

Exhibit 1 to the Declaration of Stephen M. Gaffigan

(Text of Proposed Order Granting Ex Parte Temporary Restraining Order)

Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof by Fanatics, LLC.

Declaration of Stephen M. Gaffigan in Support Thereof

Exhibit 1 to the Declaration of Stephen M. Gaffigan

(Text of Proposed Order Granting Motion for Alternative Service)

PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the nine (9) Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A" (Defendants) "are part of an ongoing scheme to create and maintain an illegal marketplace enterprise on the World Wide Web," and "are concurrently employing and benefiting from substantially similar advertising and marketing strategies based, in large measure, upon an unauthorized use of counterfeits and infringements of one or more of the Fanatics Marks." [ECF No. 1]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by merely alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Accordingly, on or before December 11, 2024, Plaintiff shall file a memorandum showing why joinder of the nine (9) Defendants is proper. Signed by Judge Darrin P. Gayles on 11/20/2024. (bs00)

RESPONSE TO ORDER TO SHOW CAUSE re 11 Order to Show Cause, by Fanatics, LLC.

ORDER GRANTING MOTION FOR ALTERNATIVE SERVICE granting 10 Ex Parte Motion. Signed by Judge Darrin P. Gayles on 12/16/2024. See attached document for full details.

ORDER GRANTING EX PARTE TEMPORARY RESTRAINING ORDER granting 9 Ex Parte Motion. Preliminary Injunction Hearing set for 12/30/2024 11:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 12/17/2024. See attached document for full details.

NOTICE of Filing Proposed Summons(es) by Fanatics, LLC

(Summon(s))

Summons Issued as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A".

Plaintiff's MOTION to Unseal Document Entries 8-10 and 13-14 by Fanatics, LLC. Responses due by 1/2/2025.

(Text of Proposed Order Granting Motion to Unseal) Modified on 12/19/2024 (pcs)

AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against All Defendants, filed by Fanatics, LLC.

(Exhibit 1 to Amended Complaint - Certificates of Registration for the Fanatics Trademarks)

PAPERLESS ORDER granting 17 Plaintiff's Motion to Unseal. The Clerk of Court is directed to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge Darrin P. Gayles on 12/19/2024. (bs00)

NOTICE of Compliance re 19 Order on Motion to Unseal Case. All documents in this case have been unsealed per DE#19.

PLAINTIFF'S NOTICE OF FILING BOND in the amount of $10,000 posted by Fanatics, LLC Approved by Judge Darrin P. Gayles

Plaintiff's NOTICE upon Defendants via Electronic Mail by Fanatics, LLC re 14 Order on Ex Parte Motion, 1 Complaint, 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof

(Exhibit Certificate of Sevice)

CERTIFICATE OF SERVICE by Fanatics, LLC re 11 Order to Show Cause, 10 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof, 2 Clerks Notice of Judge Assignment, 5 Certificate of Other Affiliates/Corporate Disclosure Statement, 13 Order on Ex Parte Motion, 4 Notice of Court Practice/to Appear/Other, 14 Order on Ex Parte Motion, 1 Complaint, 3 Form AO 120/121, 6 Plaintiff's MOTION to Seal per Local Rule 5.4, 12 Response to Order to Show Cause, 8 Sealed Document, 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof, 7 Order on Motion to Seal, upon Defendants via website posting

SUMMONS (Affidavit) Returned Executed on 18 Amended Complaint/Amended Notice of Removal, 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fanatics, LLC. fanatics.alexandriasboutique.com served on 12/19/2024, response/answer due 1/9/2025; fanatics.allinacinnamon.com served on 12/19/2024, response/answer due 1/9/2025; fanatics.allystefboutique2.com served on 12/19/2024, response/answer due 1/9/2025; fanaticsofficials.us served on 12/19/2024, response/answer due 1/9/2025; fanaticsofficialsa.us served on 12/19/2024, response/answer due 1/9/2025; fanaticstation.com served on 12/19/2024, response/answer due 1/9/2025; fashion2024top.com served on 12/19/2024, response/answer due 1/9/2025; gamedaygears.com served on 12/19/2024, response/answer due 1/9/2025; jerseyhubs.com served on 12/19/2024, response/answer due 1/9/2025.

Affidavit of Service

(Affidavit of Service)

ORDER granting Preliminary Injunction. Signed by Judge Darrin P. Gayles on 12/30/2024. See attached document for full details. (bs00)

NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendants on December 19, 2024 [ECF No. 24]. Defendants, however, have failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the defendants. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Signed by Judge Darrin P. Gayles on 1/14/2025. (bs00)

Plaintiff's NOTICE upon Defendants via Electronic Mail by Fanatics, LLC re 25 Order

(Exhibit Certificate of Sevice)

CERTIFICATE OF SERVICE by Fanatics, LLC re 25 Order upon Defendants via website posting

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A", fanatics.alexandriasboutique.com, fanatics.allinacinnamon.com, fanatics.allystefboutique2.com, fanaticsofficials.us, fanaticsofficialsa.us, fanaticstation.com, fashion2024top.com, gamedaygears.com, jerseyhubs.com by Fanatics, LLC.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk's Entry of Default

(Text of Proposed Order)

Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A" - Motions Terminated: 29 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 1/21/2025.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Fanatics, LLC.

Declaration of Jim Aronowitz in Support Thereof

Exhibit 1 to the Declaration of Jim Aronowitz

Declaration of Stephen M. Gaffigan in Support Thereof

Text of Proposed Order

(Text of Proposed Order Final Judgment and Permanent Injunction)

ORDER granting 31 Motion for Default Judgment. A final default judgment will be entered separately. Signed by Judge Darrin P. Gayles on 1/30/2025. See attached document for full details. (mp02)

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION. Closing Case. Signed by Judge Darrin P. Gayles on 1/30/2025. See attached document for full details. (mp02)