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- ilnd;;1:20-cv-02630_de35 RegisterActionDate "2020-05-11" @default.
- ilnd;;1:20-cv-02630_de35 RegisterActionDescriptionText "MINUTE entry before the Honorable John F. Kness: Plaintiffs' ex parte motion for a temporary restraining order 12 and motion for electronic service of process 18 are granted. For the purpose of these motions, Plaintiffs' filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiffs' interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiffs shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiffs is irreparable, and 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 other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which Plaintiffs assert as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiffs have provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The domain name transfer is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) (Entered: 05/11/2020)" @default.
- ilnd;;1:20-cv-02630_de35 AdministrativeID "34" @default.
- ilnd;;1:20-cv-02630_de35 OntologyLabel minute_entry @default.
- ilnd;;1:20-cv-02630_de35 hasReferenceToOtherEntry ilnd;;1:20-cv-02630_de12 @default.
- ilnd;;1:20-cv-02630_de35 hasReferenceToOtherEntry ilnd;;1:20-cv-02630_de18 @default.