最近更新:2026-08-18
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1:25-cv-04767

In-N-Out Burgers v. The Partnerships and Unincorporated Associations, Identified On Schedule "A"

日期:2025-05-01

法院:N.D.Ill(芝加哥)

品牌:IN-N-OUT BURGER 汉堡

律所:Warner Norcross & Judd LLP

日期 描述
2026-04-10 MAILED trademark report with certified copy of closing order dated 4/10/26 to Patent Trademark Office, Alexandria VA (bi,)
2026-04-10 ORDER OF VOLUNTARY DISMISSAL AND DISCHARGE OF SECURITY BOND. Signed by the Honorable Jeffrey I Cummings on 4/10/2026. Mailed notice.
2026-04-10 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to voluntarily dismiss and for discharge of security bond 53 is granted. Enter Order. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice.
2026-04-09 MOTION by Plaintiff In-N-Out Burgers to dismiss and Discharge Security Bond
2026-04-09 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's previously filed motion for default judgment as to defendant nos. 1-3 45 is denied as moot. Plaintiff's motion for default judgment as to defendant nos. 1 and 2 49 is denied without prejudice in light of the Seventh Circuit's opinion in Liu v. Monthly, No. 25-2074, --- F.4th ----, 2026 WL 880018 (7th Cir. Mar. 31, 2026). In Liu, the Court vacated the district court's entry of default judgment because the "evidence upon which the district court relied for establishing personal jurisdiction showed only that it was possible to order the defendants' products and have them shipped to Illinois, not that such sales took place." Id. at *2. Specifically, the evidence in Liu consisted "of screenshots of [defendant seller's] website showing the checkout page with the infringing product, a Chicago shipping address, and the estimated total, but not a completed purchase." Id. Relying on NBA Props., Inc. v. HANWJH, 46 F.4th 614, 620 (7
2026-03-31 DECLARATION of Brian Wassom regarding memorandum in support of motion 50, motion for default judgment 49
2026-03-31 MEMORANDUM by In-N-Out Burgers in support of motion for default judgment 49
2026-03-31 MOTION by Plaintiff In-N-Out Burgers for default judgment as to Defendants 1 and 2 - Unstd A and Unstd H
2026-02-12 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 2/12/2026. Mailed notice
2026-02-12 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 33 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on
2026-02-12 NOTICE of Voluntary Dismissal by In-N-Out Burgers of Cute Children Shop
2026-02-11 MOTION by Plaintiff In-N-Out Burgers for entry of default of Defendants 1-3 - UnstdA, Unstd H and Cute Children Shop
2026-02-11 NOTICE of Voluntary Dismissal by In-N-Out Burgers of DIYTREE Gift House
2025-12-31 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 quest
2025-12-01 CERTIFICATE of Service by Plaintiff In-N-Out Burgers regarding summons issued (court participant) 41, amended complaint, 21
2025-11-24 SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations, Identified on Schedule A
2025-11-21 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff shall file a status report on the issuance of summons and electronic service by 12/3/25. Mailed notice
2025-11-11 CERTIFICATE of Service by Brian D. Wassom on behalf of In-N-Out Burgers regarding terminate deadlines and hearings, set deadlines/hearings, 36
2025-11-07 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 33. In connection with that motion, plaintiff must serve all remaining 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 by or before November 19, 2025." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 du
2025-11-06 DECLARATION of Brian D. Wassom regarding memorandum in support of motion 34, motion for preliminary injunction 33
2025-11-06 MEMORANDUM by In-N-Out Burgers in support of motion for preliminary injunction 33
2025-11-06 MOTION by Plaintiff In-N-Out Burgers for preliminary injunction
2025-10-22 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend TRO 30 is granted. The TRO entered on 10/10/25 is extended to 11/7/25. Plaintiff's motion to accept plaintiff's surety as timely 29 is granted in light of the delay in mailing outside of plaintiff's control. The 10/31/25 tracking status hearing is stricken. The 11/25/25 tracking status hearing stands. Mailed notice
2025-10-17 MOTION by Plaintiff In-N-Out Burgers to deposit funds and Accept Surety
2025-10-10 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 11 and motion for electronic service of process 16 are granted as to Amended Schedule A. Plaintiff's submissions 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 file under seal the documents identified in the motion to seal. 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, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as n
2025-10-09 SEALED DOCUMENT by Plaintiff In-N-Out Burgers Plaintiff's Supplemental Memorandum in Support of Joinder (unredacted)
2025-10-08 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file supplemental memorandum on joinder under seal 24 is granted. Mailed notice
2025-10-03 MOTION by Plaintiff In-N-Out Burgers for leave to file Supplemental Memorandum Under Seal
2025-10-03 MEMORANDUM order on motion to seal document, order on motion for temporary restraining order, order on motion for miscellaneous relief, terminate deadlines and hearings, set deadlines/hearings, 20 by In-N-Out Burgers Supplemental Memorandum in Support of Joinder
2025-10-03 SEALED DOCUMENT by Plaintiff In-N-Out Burgers Schedule A to First Amended Complaint
2025-10-03 First AMENDED complaint by In-N-Out Burgers against The Partnerships and Unincorporated Associations, Identified on Schedule A
2025-09-18 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion to seal 4 is granted. Plaintiff's motions for a temporary restraining order 11, and for service by publication 16 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 60 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 10/3/25, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Status hearing is set for 10/27/25 at 9:00 a.m. (to track the case only, no appearanc
2025-05-14 DECLARATION of Joe Tadros regarding motion for temporary restraining order 11, other 12 CORRECTED
2025-05-12 DECLARATION of Brian D. Wassom regarding other 17, motion for miscellaneous relief 16
2025-05-12 Memorandum of Law In Support of Motion for Electronic Service by In-N-Out Burgers
2025-05-12 MOTION by Plaintiff In-N-Out Burgers for electronic service
2025-05-12 SEALED DOCUMENT by Plaintiff In-N-Out Burgers Exhibit 4-Counterfeits
2025-05-12 DECLARATION of Joe Tadros regarding motion for temporary restraining order 11, other 12
2025-05-12 DECLARATION of Brian D. Wassom regarding motion for temporary restraining order 11, other 12
2025-05-12 Memorandum of Law In Support of Motion for Entry of Temporary Restraining Order by In-N-Out Burgers
2025-05-12 MOTION by Plaintiff In-N-Out Burgers for temporary restraining order Including Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
2025-05-09 ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. In-N-Out Burgers is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee.
2025-05-09 SEALED DOCUMENT by Plaintiff In-N-Out Burgers Schedule A to Complaint
2025-05-09 CIVIL Cover Sheet
2025-05-02 ATTORNEY Appearance for Plaintiff In-N-Out Burgers by Brian D. Wassom
2025-05-02 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
2025-05-02 MAILED trademark report to Patent Trademark Office, Alexandria VA
2025-05-01 MOTION by Plaintiff IN-N-OUT BURGERS to seal document Schedule A to Complaint and Exhibit 4 to Declaration of Brian Wassom re Motion for TRO
2025-05-01 Notice of Claims Involving Trademarks by IN-N-OUT BURGERS
2025-05-01 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by IN-N-OUT BURGERS
2025-05-01 COMPLAINT filed by IN-N-OUT BURGERS; Filing fee $ 405, receipt number AILNDC-23423305.

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