2024-cv-09124

COMPLAINT filed by WhaleCo Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22535248.

ATTORNEY Appearance for Plaintiff WhaleCo Inc. by Shengmao Mu

ATTORNEY Appearance for Plaintiff WhaleCo Inc. by Abby Marie Neu

ATTORNEY Appearance for Plaintiff WhaleCo Inc. by Keaton David Smith

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by WhaleCo Inc.

SEALED DOCUMENT by Plaintiff WhaleCo Inc.

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category Two).

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.

AMENDED complaint by WhaleCo Inc. against The Individuals and Entities Operating the URL Identified on Schedule A and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

SEALED DOCUMENT by Plaintiff WhaleCo Inc. Schedule A

EXHIBIT by Plaintiff WhaleCo Inc. Exhibit 1:Trademark Registrations regarding amended complaint 8

EXHIBIT by Plaintiff WhaleCo Inc. Exhibit 2: Temu.com Website regarding amended complaint 8

SEALED EXHIBIT by Plaintiff WhaleCo Inc. Exhibit 3: Infringing Website regarding amended complaint 8

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 10/25/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 10/15/2024. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. The Court notes that no motion to file under seal has been filed. Emailed notice

(Status Report Requirements)

MOTION by Plaintiff WhaleCo Inc. for leave to file UNDER SEAL

Notice of Claims Involving Trademarks by WhaleCo Inc.

MOTION by Plaintiff WhaleCo Inc. for temporary restraining order and expedited discovery

MEMORANDUM by WhaleCo Inc. in support of motion for temporary restraining order 17

DECLARATION of Jake M. Christensen regarding memorandum in support of motion 18

MOTION by Plaintiff WhaleCo Inc.for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by WhaleCo Inc. in support of motion for miscellaneous relief 20

STATUS Report Initial Status Report by WhaleCo Inc.

MINUTE entry before the Honorable Edmond E. Chang: The pending motions are under advisement. The tracking status hearing of 10/25/2024 is reset to 11/08/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice. (jn,)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 17 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 15 for leave to file under seal is granted in light of the asset-restraint goal. By 11/14/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The Plaintiff's motion 20 for electronic service of process is granted. The tracking status hearing of 11/08/2024 is reset to 11/22/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion), if appropriate, no later than 11/18/2024. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 11/07/2024. Emailed to Plaintiff's Counsel notice

BOND in the amount of $ 1,000 cashier's check, Receipt No. 100013079, posted by WhaleCo Inc.

REGISTRY DEPOSIT INFORMATION FORM by WhaleCo Inc.

MOTION by Plaintiff WhaleCo Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by WhaleCo Inc. in support of extension of time 27

(Declaration of Abby Neu)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts and circumstances that justified entry of the initial TRO, the extension motion on the TRO 27 is granted through 12/05/2025. The tracking status hearing of 11/22/2024 is reset to 12/06/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the preliminary injunction motion, if appropriate, no later than 12/02/2024. The Plaintiff also shall file a status report on 12/02/2024. Emailed notice

STATUS Report per Minute Entry Dkt. 29 by WhaleCo Inc.

MOTION by Plaintiff WhaleCo Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by WhaleCo Inc. in support of extension of time 31

Declaration of Abby Neu

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for an extension of the TRO beyond the 28-day total limit of Civil Rule 65(b)(2), the motion 31 is denied. The Seventh Circuit case cited by the Plaintiff, H-D Michigan, LLC v. Hellenic Duty Free Shops, S.A., 694 F.3d 827, 843-45 (7th Cir. 2012), explains that a TRO extended beyond the 28-day limit is in effect a preliminary injunction, and must comply with the usual requirements for that type of relief. Rule 65(a)(1) instructs that a preliminary injunction may issue "only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1). And the defendant in the H-D Michigan case had plenty of notice and participated in adverse litigation in the district court. 694 F.3d at 834. Plus, the Plaintiff here did not seek judicial relief in obtaining compliance from GoDaddy on the disclosure order before the expiration of the 28 days. So the motion is denied. The tracking status hearing of 12/06/2024 is reset to 01/17/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 01/06/2025, and may seek appropriate relief as to GoDaddy if compliance is not obtained through conferral. Emailed notice

CERTIFICATE of Service by Plaintiff WhaleCo Inc. of Subpoena

(Subpoena to Third Party Godaddy)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff did not file the status report, which was due on 01/06/2025. If no status report is filed by 01/22/2025, then the case will be dismissed with prejudice for failure to prosecute it. The tracking status hearing of 01/17/2025 is reset to 01/31/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

NOTICE of Voluntary Dismissal by WhaleCo Inc. as to all Defendants

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(i) 37, the case is dismissed without prejudice. Status hearing of 01/31/2025 is vacated. Civil case terminated. Emailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.