2025-cv-09359

COMPLAINT filed by Zodiak Kids Studio France; Jury Demand. Filing fee $ 405, receipt number AILNDC-23850769.

Exhibit 1

Exhibit 1

Declaration Paragoso Declaration

CIVIL Cover Sheet

(Exhibit 2)

(Exhibit 2)

Exhibit 1

ATTORNEY Appearance for Plaintiff Zodiak Kids Studio France by Michael A. Hierl

Exhibit 2

ATTORNEY Appearance for Plaintiff Zodiak Kids Studio France by William Benjamin Kalbac

Declaration Hierl Declaration

ATTORNEY Appearance for Plaintiff Zodiak Kids Studio France by Robert Payton Mcmurray

Exhibit Hierl Exhibit 1

ATTORNEY Appearance for Plaintiff Zodiak Kids Studio France by John Wilson

Exhibit Hierl Exhibit 2

ATTORNEY Appearance for Plaintiff Zodiak Kids Studio France by Elizabeth Aubree Miller

Exhibit Hierl Exhibit 3

MOTION by Plaintiff Zodiak Kids Studio France to seal document Plaintiff's Motion for Leave to File Under Seal

Exhibit Hierl Exhibit 4

SEALED DOCUMENT by Plaintiff Zodiak Kids Studio France Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zodiak Kids Studio France

Notice of Claims Involving Trademarks by Zodiak Kids Studio France

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). (qrtr,) (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. (qrtr,) (Text entry; no document attached.)

NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 8 before Honorable John Robert Blakey on 8/13/2025 at 11:00 AM.

MAILED trademark report to Patent Trademark Office, Alexandria VA (bi,)

MAILED copyright report to Registrar, Washington DC (bi,)

MAILED to plaintiff(s) counsel Lanham Mediation Program materials (bi,)

MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed a complaint seeking to sue 150 separate defendants for trademark and copyright infringement, see 1, 9. Joinder of multiple defendants in a single infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that "Defendant Internet Stores share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence or series of transactions or occurrences." 1 4. Plaintiff also alleges that, "even though Defendants operate under multiple fictitious names, there are numerous similarities among the Defendants' Internet Stores. For example, some of the Defendants' websites have identical layouts, even though different aliases were used to register the respective online marketplace accounts. In addition, the counterfeit products for sale in the Defendants' Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit products were manufactured by a common source and that Defendants are interrelated. The Defendants' Internet Stores also include other notable common features, including use of the same online marketplace account registration patterns, unique shopping cart platforms, similar payment and check-out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, domain redirection, lack of contact information, identically or similarly priced items and volume sales discounts, similar hosting services, similar name servers and the use of the same text and images." Id. 22. But Plaintiff's allegations remain conclusory and predicated on the false premise that similarities in websites necessarily indicate interrelatedness; the one does not necessarily follow the other and it is equally probable that each online retailer set up shop in the same or similar manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). The Court thus dismisses the complaint based upon improper joinder. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of all defendants in this single action, it may do so by 9/4/25. If Plaintiff declines to amend by this date, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also consider its allegations relating to personal jurisdiction as to each Defendant; the mere maintenance of a website accessible in Illinois remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). The Court grants Plaintiff's motion for leave to file under seal 8 and strikes the 8/13/25 Notice of Motion date. Mailed notice.

AMENDED complaint by Zodiak Kids Studio France against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

SEALED DOCUMENT by Plaintiff Zodiak Kids Studio France Amended Schedule A

MOTION by Plaintiff Zodiak Kids Studio France for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Zodiak Kids Studio France 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 Zodiak Kids Studio France in support of motion for temporary restraining order, [20]

SEALED EXHIBIT by Plaintiff Zodiak Kids Studio France Exhibit 3 to Paragoso Declaration regarding memorandum in support of motion, [21]

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, [20], motion for leave to file excess pages[19] before Honorable John Robert Blakey on 9/17/2025 at 11:00 AM.