2025-cv-05917

COMPLAINT filed by SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY; Jury Demand. Filing fee $ 405, receipt number AILNDC-23541207.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by Michael A. Hierl

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by John Wilson

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by Elizabeth Aubree Miller

MOTION by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY

Notice of Claims Involving Trademarks by SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2).

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 SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY 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 SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY in support of motion for temporary restraining order, 13

Declaration d'AGAY Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED EXHIBIT by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY Exhibit 2 Part 1 of d'Agay Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY Exhibit 2 Part 2 of d'Agay Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY Exhibit 2 Part 3 of d'Agay Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY Exhibit 2 Part 4 of d'Agay Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY Exhibit 2 Part 5 of d'Agay Declaration regarding memorandum in support of motion, 14

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Mary M. Rowland: TRANSFER OF CASE TO THE EXECUTIVE COMMITTEE FOR A REASSIGNMENT I request the Executive Committee that the above captioned case be reassigned by lot to another judge of this Court. The reasons for my request are indicated on the bottom of this form. Mailed notice

(Request for Reassignment)

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 13, motion for leave to file excess pages 12, motion to seal document 8 before Honorable Sara L. Ellis on 7/1/2025 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for leave to file under seal 8 and motion for leave to file excess pages 12. The Court denies Plaintiff's motion for a temporary restraining order 13. Plaintiff filed this case against 140 defendants for infringing five trademarks. Under Rule 20, a plaintiff may join multiple defendants in a single action if: (1) the claims against them are asserted with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and (2) a question of law or fact common to all defendants exists. Fed. R. Civ. P. 20(a)(2)(A)(B). In reviewing the filings in this case, it does not appear that joinder is proper as to all Defendants. As the Court stated in Roadget Business Pte. Ltd. v. The Individuals, Corporations, Limited Liability Cos., Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, alleging that multiple defendants have infringed on the same copyright, trademark, or patent in the same way, without more, does not create the substantial evidentiary overlap required to find joinder proper. No. 23 C 17036, 2024 WL 1858592, at *67 (N.D. Ill. Apr. 29, 2024). The Court directs Plaintiff to file an amended complaint by 7/22/2025, as well as a statement on joinder explaining how the remaining Defendants comply with the Court's order in Roadget. The Court also cautions Plaintiff that, in order to support preliminary injunctive relief, it must show that the named defendants' alleged infringement remains active and ongoing. The evidence of alleged infringement that Plaintiff has submitted dates back to at least October 2024. The Court thus orders Plaintiff to ensure that it only seeks preliminary injunctive relief from defendants whose alleged infringement remains active and ongoing. The Court sets a status hearing for 7/29/2025 at 9:30 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

SEALED DOCUMENT by Plaintiff Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay Amended Complaint

(Amended Exhibit A)

DECLARATION of Olivier d'Agay

SEALED EXHIBIT by Plaintiff Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay Exhibit 2 to d'AGAY Declaration regarding declaration 26

MEMORANDUM by Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay Plaintiff's Memorandum in Support of Joinder

(Exhibit Exhibit 1)

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sara L. Ellis on 7/31/2025.

SURETY BOND in the amount of $ 10,000 posted by Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay. Document not imaged.

MOTION by Plaintiff Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 32 before Honorable Sara L. Ellis on 8/12/2025 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion to extend the temporary restraining order 32. The Court extends the TRO through 8/28/2025. The Court strikes the status date set for 8/12/2025 and resets it to 8/28/2025 at 1:45 PM. Plaintiff should file any motion for preliminary injunction and notice the motion for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

MOTION by Plaintiff Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay in support of motion for preliminary injunction 35

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

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 35 before Honorable Sara L. Ellis on 8/28/2025 at 01:45 PM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction 35. The Court strikes the status date set for 8/28/2025 and resets it to 9/25/2025 at 1:30 PM. Plaintiff should file any motion for entry of default and for default judgment and notice the motion for presentment at the next status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

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

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sara L. Ellis on 8/29/2025:Emailed notice

SUMMONS Returned Executed by Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/9/2025, answer due 9/30/2025.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Societe Pour Loeuvre Et La Memoire Dantoine De Saint Exupery - Succession De Saint Exupery-Dagay