2025-cv-00085

COMPLAINT filed by Blujay Studios, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22911823.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by John Wilson

MOTION by Plaintiff Blujay Studios, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blujay Studios, Inc.

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2).

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.

NEW PARTIES: Shop1104066916 Store, Shop1104077221 Store, Shop1104082226 Store added to case caption.

NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 7 before Honorable John Robert Blakey on 1/15/2025 at 11:00 AM.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable John Robert Blakey: In this trademark infringement suit, Plaintiff seeks to sue 250 separate defendants, see 1, 8. Joinder of multiple defendants in a single trademark 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, the complaint, which lumps all Defendants together, alleges, in a conclusory manner, 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. But the conclusion does not necessarily follow from the alleged facts; it is equally possible 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). Plaintiff also alleges that "numerous similarities among the Defendants' Internet Stores" exist; for example, "some of the Defendants' websites have identical layouts, even though different aliases were used to register their 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. 23. Again, the allegations are conclusory, and Plaintiff has offered nothing to show that the Defendants' products and websites are so alike that their conduct constitutes a single occurrence. The Court accordingly finds that Plaintiff may not proceed on the current complaint 1 and dismisses it without prejudice. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to support the joinder of the identified Defendants in this single action, it may do so by 1/31/25. The Court grants Plaintiff's motion to seal 7 and Plaintiff may file any amended complaint under seal. The 1/15/25 Notice of Motion date is stricken. Mailed notice.

AMENDED complaint by Blujay Studios, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Sealed Exhibit 2

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Amended Schedule A

MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed an amended complaint, which seeks to sue three Defendants for trademark infringement. See 13, 15. Again, joinder of multiple defendants in a single trademark 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, the complaint, which lumps all Defendants together, alleges, in a conclusory manner, 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." 13 4. Plaintiff also alleges that "the counterfeit products for sale in the Defendants' Internet Stores bear similarities and indicia of being related to one another," and that Defendants offered the same product at the same time on the same e-commerce platform. Id. 23. Such allegations, supported here with screenshot evidence, suffice at this stage, and Plaintiff may proceed on its amended complaint 13 against the three identified Defendants, see 15. Mailed notice.

MOTION by Plaintiff Blujay Studios, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

MOTION by Plaintiff Blujay Studios, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Blujay Studios, Inc. 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 Blujay Studios, Inc. in support of motion for temporary restraining order, 19

Declaration Stout Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Exhibit 2 to Stout Declaration

Notice of Claims Involving Trademarks by Blujay Studios, Inc.

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 19, motion to seal document 17, motion for leave to file excess pages 18 before Honorable John Robert Blakey on 2/12/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's submissions, the Court grants Plaintiff's motions for leave to file under seal 17 and for leave to file an oversized brief 18. The Court also grants Plaintiff's ex parte motion for a sealed temporary restraining order 19. Enter Order. Absent further order, this TRO will expire 2/25/25. The 2/12/25 Notice of Motion date is stricken as to all motions. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable John Robert Blakey on 2/11/2025. Mailed notice.

MOTION by Plaintiff Blujay Studios, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 26 before Honorable John Robert Blakey on 2/26/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 26 to extend the temporary restraining order entered 2/11/25 25. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 3/11/25. The 2/26/25 Notice of Motion date is stricken. Mailed notice.

MOTION by Plaintiff Blujay Studios, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Blujay Studios, Inc. in support of motion for preliminary injunction 31

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 31 before Honorable John Robert Blakey on 3/12/2025 at 11:00 AM.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction 31. Defendants failed to appear and failed to otherwise object in response to the TRO or Plaintiff's motion. Accordingly, and based upon the same findings made in this Court's TRO 25, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 31. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel shall identify the Defendants on the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Plaintiff shall file a status report by 5/5/25 proposing next steps to advance the case. Mailed notice.

PRELIMINARY Injunction Order. Signed by the Honorable John Robert Blakey on 3/12/2025. Mailed notice.

SUMMONS Returned Executed by Blujay Studios, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 3/7/2025, answer due 3/28/2025.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Blujay Studios, Inc.

MOTION by Plaintiff Blujay Studios, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Blujay Studios, Inc. in support of motion for default judgment 40

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 40

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 40 before Honorable John Robert Blakey on 4/23/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for default and default judgment 40. Despite proper service, no defendant has appeared in response to the complaint, to object to the motion for default, or otherwise. Accordingly, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion 40 and enters default and default judgment as to the Defendants identified in the accompanying Amended Schedule A. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice.

DEFAULT Judgment Order. Signed by the Honorable John Robert Blakey on 4/23/2025. Mailed notice.

EMAILED Trademark report with certified copy of minute order dated 4/24/25 to Patent Trademark Office, Alexandria VA