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- ilnd;;1:20-cv-02611_de34 RegisterActionDate "2020-05-08" @default.
- ilnd;;1:20-cv-02611_de34 RegisterActionDescriptionText "MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order 15 and motion for electronic service of process 20 are granted. For the purpose of these motions, Plaintiff's 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 Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff 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 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) Docket Text Modified by Judicial Staff on 5/8/2020 (ef, ). (Entered: 05/08/2020)" @default.
- ilnd;;1:20-cv-02611_de34 AdministrativeID "33" @default.
- ilnd;;1:20-cv-02611_de34 hasReferenceToOtherEntry ilnd;;1:20-cv-02611_de15 @default.
- ilnd;;1:20-cv-02611_de34 hasReferenceToOtherEntry ilnd;;1:20-cv-02611_de20 @default.