2025-cv-08174

COMPLAINT filed by Nike, Inc.; Filing fee $ 405, receipt number AILNDC-23764831.

Exhibit Exhibit 1

Exhibit Exhibit 2

Exhibit Exhibit 3

(Exhibit Exhibit 4)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Nike, Inc. by Michael J Harris

ATTORNEY Appearance for Plaintiff Nike, Inc. by Aaron Patrick Bowling

ATTORNEY Appearance for Plaintiff Nike, Inc. by Kathleen Duffy Lichtenstein (Duffy Lichtenstein, Kathleen)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs

Notice of Claims Involving Trademarks by Nike, Inc.

SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint 1

MOTION by Plaintiff Nike, Inc. to seal document exhibit 8

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Nike, Inc. for temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery

MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order 12

DECLARATION of Michael J. Harris regarding memorandum in support of motion 13

DECLARATION of Joe Pallett regarding memorandum in support of motion 13

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 2 - Parts 1-22 regarding declaration 15

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

Exhibit 2-6

Exhibit 2-7

Exhibit 2-8

Exhibit 2-9

Exhibit 2-10

Exhibit 2-11

Exhibit 2-12

Exhibit 2-13

Exhibit 2-14

Exhibit 2-15

Exhibit 2-16

Exhibit 2-17

Exhibit 2-18

Exhibit 2-19

Exhibit 2-20

Exhibit 2-21

(Exhibit 2-22)

MOTION by Plaintiff Nike, Inc. to seal document exhibit, 16

MOTION by Plaintiff Nike, Inc.Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief 18

DECLARATION of Michael J. Harris regarding memorandum in support of motion 19

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motions for leave to file under seal 9 17, plaintiff's motion for temporary restraining order 12, and plaintiff's motion for electronic service of process 18 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 83 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 8/12/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a single defendant or a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 10/7/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

MEMORANDUM set/reset hearings, 21 by Nike, Inc. Memorandum Establishing That Joinder Is Proper

Declaration of Aaron P. Bowling

Exhibit A

Exhibit B

Exhibit C

Exhibit D

(Exhibit E)

SEALED EXHIBIT by Plaintiff Nike, Inc. Declaration of Aaron P. Bowling regarding memorandum, 22

Exhibit A

(Exhibit C)

MOTION by Plaintiff Nike, Inc. to seal document exhibit 23 Declaration of Aaron P. Bowling and Exhibits A and C

MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 22. For the reasons stated in the attached Order, the Court determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 83 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). Accordingly, the Court dismisses defendant Nos. 2-83 without prejudice. The case will proceed against defendant No. 1. If plaintiff files a new action against defendants Nos. 2-83, plaintiff shall indicate on the Civil Cover Sheet that the filed case is related to this matter. See Local Rule 40.3(b)(2). Accordingly, plaintiff's motion for temporary restraining order 12, and motion for electronic service of process 18 are denied without prejudice. Plaintiff's motions for leave to file under seal 9 17 24 are granted. Plaintiff is granted leave to file an amended complaint in accordance with this Order by 10/14/2025. Status hearing set for 10/7/2025 is stricken. Mailed notice

ORDER Signed by the Honorable Sunil R. Harjani on 9/30/2025. Mailed notice

SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint 1

MOTION by Plaintiff Nike, Inc. for leave to file under seal

MOTION by Plaintiff Nike, Inc. for temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery

MEMORANDUM in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

DECLARATION of Michael J. Harris regarding memorandum in support of motion 30

DECLARATION of Joe Pallett regarding memorandum in support of motion 30

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 2 regarding declaration 32

MOTION by Plaintiff Nike, Inc. for leave to file under seal document exhibit 33

MOTION by Plaintiff Nike, Inc.Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief 35

DECLARATION of Michael J. Harris regarding memorandum in support of motion 36

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motions for leave to file under seal 28 34, ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 29, and motion for electronic service of process 35 are granted. Plaintiff's submissions establish that were defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant 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 file under seal the documents identified in the motions to seal. 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 on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. Further, the evidence submitted by plaintiff shows 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 products, and there is no countervailing harm to defendant from an order directing it 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 4:45 p.m. on 10/14/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 10/21/2025. Telephone status hearing is set for 10/28/2025 at 9:15 a.m. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 10/14/2025. Mailed notice

MOTION by Plaintiff Nike, Inc.Extend Temporary Restraining Order

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff did not post the $10,000 bond as ordered by the Court. See Doc. 39. By 10/24/2025, Plaintiff shall post the required $10,000 bond with the Clerk of the Court. Mailed notice

SURETY BOND in the amount of $ 10,000.00 posted by Nike, Inc.

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion to Extend the Temporary Restraining Order 40 is granted. For the reasons stated in Plaintiff's Memorandum 40, the Court finds good cause to extend the temporary restraining order an additional 14 days to 11/11/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 11/4/2025. Telephone status hearing set for 10/28/2025 is stricken and reset to 11/11/2025 at 9:15 a.m. Mailed notice