2024-cv-09994

COMPLAINT filed by Canada Goose Inc.; Filing fee $ 405, receipt number AILNDC-22593866.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Canada Goose Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Canada Goose Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Canada Goose Inc.

Notice of Claims Involving Trademarks by Canada Goose Inc.

ATTORNEY Appearance for Plaintiff Canada Goose Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Canada Goose Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Canada Goose Inc. by Andrew Daniel Burnham

ATTORNEY Appearance for Plaintiff Canada Goose Inc. by Trevor Christian Talhami

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.

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category Two).

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MOTION by Plaintiff Canada Goose Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Canada Goose Inc. in support of motion for temporary restraining order 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Ellen Kim regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Canada Goose Inc. Exhibit 5 - Parts 1-2 regarding declaration 16

Exhibit 5-1

(Exhibit 5-2)

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

MEMORANDUM by Canada Goose Inc. in support of motion for miscellaneous relief 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

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.

ATTORNEY Appearance for Plaintiff Canada Goose Inc. by Madeline Halgren

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [13], and motion for electronic service of process [18] are granted in part. Plaintiff's submissions (e.g., Dkt. 16) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries [2] and [17]. 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, the Court holds, dubitante, that Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). (This holding is subject to reconsideration in future "Schedule A" cases.) Specifically, and as noted above, 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 the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 and infringing 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 several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will 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 reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/6/2025.

Registry Deposit Information Form by Canada Goose Inc.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SURETY BOND in the amount of $ 10,000 posted by Canada Goose Inc. (document not imaged)

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

MEMORANDUM by Canada Goose Inc. in support of extension of time 27

DECLARATION of Andrew D. Burnham regarding memorandum in support of motion 28

MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to Extend Temporary Restraining Order 27 is granted. Enter separate order. Mailed notice.

EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/21/2025. Mailed notice.

MOTION by Plaintiff Canada Goose Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Canada Goose Inc. in support of motion for preliminary injunction[32]

DECLARATION of Andrew D. Burnham regarding memorandum in support of motion[33]

SUMMONS Returned Executed by Canada Goose Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/29/2025, answer due 2/19/2025.

Declaration of Madeline B. Halgren

Exhibit A

ATTORNEY Appearance for Defendant BWG-US by Sofia Quezada Hastings (Quezada Hastings, Sofia)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [32] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 2/7/2025." Plaintiff must file proof of service of the Court's statement within two business days. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO") [24], as well as in Plaintiff's motion [27] to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by Plaintiff Canada Goose Inc. regarding text entry, 37

(Exhibit A)

MOTION by Defendant BWG-US for extension of time to file answer (CONSENTED) (Quezada Hastings, Sofia)

NOTICE of Voluntary Dismissal by Canada Goose Inc. as to certain defendants

MINUTE entry before the Honorable John F. Kness: Defendant's motion to extend deadline [39] is granted. Mailed notice.

NOTICE of Voluntary Dismissal by Canada Goose Inc. as to certain defendant

MOTION by Defendant BWG-US for extension of time to file answer (Quezada Hastings, Sofia)

MINUTE entry before the Honorable John F. Kness: Defendant's Motion to Extend Deadline to Answer or Otherwise Respond 43 is granted. Mailed notice.

ATTORNEY Appearance for Plaintiff Canada Goose Inc. by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Canada Goose Inc. by Hannah Alexa Abes

NOTICE of Voluntary Dismissal by Canada Goose Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Canada Goose Inc. as to Certain Defendants

MOTION by Plaintiff Canada Goose Inc. for entry of default, MOTION by Plaintiff Canada Goose Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Canada Goose Inc. in support of motion for entry of default, motion for default judgment 49

Exhibit 1

Exhibit 2 - Part 1

(Exhibit 2 - Part 2)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 50

(Exhibit 1)

ORDER: Plaintiff's motion for entry of default 49 is granted.Plaintiff's motion for preliminary injunction 32 is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 4/14/2025. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 4/14/2025. Mailed notice.