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[+]
1
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2025-03-19 |
COMPLAINT filed by Bounce Curl, LLC; Filing fee $ 405, receipt number AILNDC-23232630. |
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Exhibit 2 |
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2
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2025-03-19 |
SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Schedule A regarding complaint[1] |
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3
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2025-03-19 |
SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 1 regarding complaint[1] |
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4
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2025-03-19 |
MOTION by Plaintiff Bounce Curl, LLC for leave to file under seal |
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5
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2025-03-19 |
CIVIL Cover Sheet |
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6
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2025-03-19 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bounce Curl, LLC |
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7
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2025-03-19 |
Notice of Claims involving Patents by Bounce Curl, LLC |
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CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1). |
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8
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2025-03-19 |
ATTORNEY Appearance for Plaintiff Bounce Curl, LLC by Justin R. Gaudio |
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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. |
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9
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2025-03-19 |
ATTORNEY Appearance for Plaintiff Bounce Curl, LLC by Amy Crout Ziegler |
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10
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2025-03-19 |
ATTORNEY Appearance for Plaintiff Bounce Curl, LLC by Jennifer Van Nacht |
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11
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2025-03-19 |
ATTORNEY Appearance for Plaintiff Bounce Curl, LLC by Andrew Daniel Burnham |
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12
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2025-03-20 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal [4] is granted. Mailed notice. |
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13
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2025-03-20 |
MAILED Patent report to Patent Trademark Office, Alexandria VA |
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14
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2025-03-21 |
MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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15
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2025-03-21 |
MEMORANDUM by Bounce Curl, LLC in support of motion for temporary restraining order[14] |
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16
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2025-03-21 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] |
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17
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2025-03-21 |
DECLARATION of Merian Odesho regarding memorandum in support of motion[15] |
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Exhibit 1 |
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18
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2025-03-21 |
SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 2 regarding declaration[17] |
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19
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2025-03-21 |
MOTION by Plaintiff Bounce Curl, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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20
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2025-03-21 |
MEMORANDUM by Bounce Curl, LLC in support of motion for miscellaneous relief[19] |
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21
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2025-03-21 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20] |
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22
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2025-03-24 |
MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice. |
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23
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2025-03-26 |
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for a temporary restraining order 14 is denied without prejudice. Plaintiff's declaration 17 fails to include facts sufficient to establish a prima facie case of loss of goodwill and reputation which is necessary to demonstrate irreparable harm in this case. See Gabrielle Brianna Delgado v. The Partnerships etc. on Schedule A, 24-cv-11940, Dkt. # 17 (N.D. Ill. Dec. 19. 2024). The statements by Plaintiff's founder and CEO are some evidence of loss of goodwill and reputation, but more objective evidence is necessary in order to grant an ex parte temporary restraining order. See, e.g., Spin Master Ltd. v. The Partnerships etc. on Schedule A, 24 C 3006, Dkt. # 16 (N.D. Ill. Apr. 17, 2024) (declaration containing allegations the Court found sufficient to establish irreparable harm from a copyright violation); Peanuts Worldwide LLC v. The Partnerships etc. on Schedule A, 24 C 8685, Dkt. # 17 (N.D. Ill Sept. 24, 2024 (same). Mailed notice. |
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24
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2025-04-04 |
MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Renewed) |
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25
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2025-04-04 |
Plaintiff's Supplemental Memorandum in Support of Plaintiffs Renewed Ex Parte Motion for Entry of a Temporary Restraining Order by Bounce Curl, LLC |
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(Exhibit 1) |
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26
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2025-04-08 |
MINUTE entry before the Honorable Thomas M. Durkin: The Court's order of 3/26/2025 23 denying Plaintiff's original motion for a temporary restraining order 14 is vacated as erroneous. The Court sua sponte reconsiders Plaintiff's motion for a temporary restraining order filed 3/21/2025 14, along with Plaintiff's renewed motion for a temporary restraining order filed 4/4/2025 24. Both motions 14 24 are denied for failure to establish a likelihood of success on the merits. Plaintiff has brought a design patent claim. Plaintiff's motion contends that "Plaintiff has submitted extensive documentation that Defendants make, use, offer for sale, sell, and/or import into the United States for subsequent sale or use the same product, namely hairbrushes, that infringes directly and/or indirectly the Bounce Curl Design," and that this documentation "shows that an ordinary observer would be deceived into thinking that the Infringing Product was the same as the Bounce Curl Design." In support of this argument, Plaintiff cites a paragraph 10 of the declaration of Plaintiff's founder and CEO. In that paragraph of her declaration, Plaintiff's CEO states that Plaintiff's "investigations show that Defendants are making, using, offering for sale, selling, and/or importing into the United States for subsequent sale or use the same product, namely hairbrushes, that infringe directly and/or indirectly the Bounce Curl Design." These statements do not address the elements of design patent infringement with a descriptive comparison of Plaintiff's design patent to the products sold by Defendants. The Court also requires some discussion of the relevant prior art with respect to the perspective of the ordinary observer. Having failed to provide this more substantive analysis, Plaintiff has not established a likelihood of success on the merits. Plaintiff's renewed motion, which is limited to seeking an asset restraint, is also denied because a finding of a likelihood of success on the merits is necessary for the imposition of any kind of injunction. Mailed notice. |
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27
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2025-04-28 |
MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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28
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2025-04-28 |
MEMORANDUM by Bounce Curl, LLC in support of motion for temporary restraining order[27] |
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29
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2025-04-28 |
SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 1 regarding memorandum in support of motion[28] |
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30
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2025-04-28 |
EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 2 regarding memorandum in support of motion[28] |
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31
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2025-04-28 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[28] |
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32
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2025-04-28 |
DECLARATION of Merian Odesho regarding memorandum in support of motion[28] |
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Exhibit 1 |
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33
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2025-04-28 |
SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 2 regarding declaration[32] |
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34
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2025-04-29 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 19 is granted. Ex parte motion for entry of a temporary restraining order, including a temporary asset restraint and expedited discovery 27 is granted. Mailed notice. |
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35
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2025-04-29 |
SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 4/29/2025. Mailed notice. |
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36
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2025-04-29 |
Registry Deposit Information Form by Bounce Curl, LLC |
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37
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2025-05-02 |
SURETY BOND in the amount of $ 44,000.00 posted by Bounce Curl, LLC. (Document not imaged) (Received via the Clerk's Office drop box on 05/02/2025.) |
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38
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2025-05-07 |
SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Bounce Curl, LLC |
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39
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2025-05-07 |
SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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40
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2025-05-08 |
MOTION by Plaintiff Bounce Curl, LLC for extension of time of Temporary Restraining Order |
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41
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2025-05-08 |
MEMORANDUM by Bounce Curl, LLC in support of extension of time 40 |
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42
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2025-05-08 |
DECLARATION of Andrew D. Burnham regarding memorandum in support of motion 41 |
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43
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2025-05-12 |
MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order 40 is granted. The Temporary Restraining Order entered on 4/29/2025 is extended by a period of fourteen (14) days until 5/27/2025. Mailed notice. |
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44
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2025-05-21 |
MOTION by Plaintiff Bounce Curl, LLC for preliminary injunction |
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(Exhibit A) |
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45
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2025-05-21 |
MEMORANDUM by Bounce Curl, LLC in support of motion for preliminary injunction 44 |
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(Declaration of Andrew D. Burnham) |
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46
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2025-05-21 |
MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 44 is set for 5/27/2025 at 9:30 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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47
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2025-05-21 |
SUMMONS Returned Executed by Bounce Curl, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/21/2025, answer due 6/11/2025. |
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Declaration of Jennifer V. Nacht |
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(Exhibit A) |
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48
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2025-05-27 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/27/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [44] is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint [2], Exhibit 1 to the Complaint [3], Exhibits to the Declaration of Merian Odesho [18] and [33], Exhibit 1 to Plaintiff's Memorandum in Support of its Motion for Entry of a Temporary Restraining Order [29], and the TRO [35]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 7/2/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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NEW PARTIES: A3S24B794IZODO, AnQingLiaoPianShangMaoYouXianGongSi, AR3MG6KOZRZHR, bmzshop, ChenLiJun2025, chentianhuahua, corn de store, DARuiXiN, dutianhao, fgkty, Guangzhouwangjinsidianzishangwuyouxian, GUIZ, guizhoudakangzhimengshangmaoyouxiangongsi, HeQingDian, hzll, illusory AngelCity, jiangbinyuanshangmaostore, jinjiangxunlingdianzishangwuyouxiangongsi, JiPengyoupin, Leyin Store, LiPengpengbeimei, LIUCHAOKUAILE, LUCKYNEZHA, NieNieMiLa, NingTanDS Mart, qi zanshop, runhanzeqi, sanmenxiaguangfeishangmaoyouxiangongsi, shandefushi, shanxifenglingnongyefazhanyouxiangongsi, SilkSorbet, SZHYH, Wataleti, WUTEZHEN, xiaopengmy, yangpeiying, yue wen shop, YueXIK, Zhangjunzi-US, zhangmei1234, meiwenrtib, YayaTrading, Home&Garden and luofeike added to case caption. |
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49
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2025-05-27 |
PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 5/27/2025. Mailed notice. |
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50
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2025-05-29 |
NOTICE of Voluntary Dismissal by Bounce Curl, LLC as to certain defendants |
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51
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2025-06-12 |
NOTICE of Voluntary Dismissal by Bounce Curl, LLC as to certain defendant |
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52
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2025-06-16 |
MOTION by Plaintiff Bounce Curl, LLC for entry of default, MOTION by Plaintiff Bounce Curl, LLC for default judgment as to all Defendants |
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(Exhibit A) |
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53
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2025-06-16 |
MEMORANDUM by Bounce Curl, LLC in support of motion for entry of default, motion for default judgment 52 |
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Exhibit 1 |
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(Exhibit 2) |
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54
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2025-06-16 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 53 |
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(Exhibit 1) |
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55
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2025-06-16 |
MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/2/2025 at 9:15 a.m. is converted to a telephone hearing on the motion for entry of default and default judgment 52. Mailed notice. |
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56
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2025-07-02 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/2/2025. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for entry of default and default judgment 52 is entered and continued. A telephone status hearing is set for 8/5/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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57
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2025-07-08 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion for entry of default and default judgment 52 is granted. Enter order. The telephone status hearing set for 8/5/2025 is vacated. Civil case terminated. Mailed notice. |
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58
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2025-07-08 |
DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 7/8/2025. Mailed notice. |
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59
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2025-07-08 |
MINUTE entry before the Honorable Thomas M. Durkin: The forty-four thousand dollar ($44,000) surety bond posted by Plaintiff is hereby released to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Mailed notice. |
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60
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2025-07-09 |
MAILED Patent report with certified copy of minute order dated 7/8/2025 to Patent Trademark Office, Alexandria VA |
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61
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2025-07-14 |
NOTICE of withdrawal of bond 37 by John Summerfield |
