2023-cv-04981

COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 402, receipt number AILNDC-20879655.

(Exhibit Group Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray

MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment.

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.

MOTION by Plaintiff Art Ask Agency for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Art Ask Agency in support of motion for temporary restraining order, 9

Declaration Strid Declaration

Exhibit Group Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 1 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 2 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 3 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 4 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 5 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 6 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 7 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 8 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 9 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 10 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 11 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 12 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 13 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 14 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 15 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 16 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 17 of Strid Declaration

MAILED copyright report to Registrar, Washington DC.

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6 and ex parte motion for a temporary restraining order and other relief 9 are granted in part. Plaintiff's submissions (including the Declaration of Maria Strid 10) 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 7 and 11 through 27. 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

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 10/10/2023. Mailed notice.

MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

SURETY BOND in the amount of $10,000 posted by Art Ask Agency (Document not scanned.)

ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 10/23/2023. Mailed notice

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 152

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Art Ask Agency in support of motion for preliminary injunction 35

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35

SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/7/2023, answer due 11/28/2023.

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 35 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 11/17/2023." Plaintiff must file proof of service of the Court's statement forthwith. Mailed notice

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Art Ask Agency

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 5

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 52, 162

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 137

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Art Ask Agency

MOTION by Plaintiff Art Ask Agency for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A

(Exhibit Amended Schedule A)

MEMORANDUM by Art Ask Agency in support of motion for default judgment, 54

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 54

(Exhibit Hierl Exhibit 1)

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 4, 8, 13

ORDER signed by the Honorable John F. Kness on 1/30/2024. Civil case terminated. Mailed notice. (exr,)

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 1/30/2024. Mailed notice. (exr,)

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment