Art Ask Agency v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

Docket(#20) 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 and the TRO lasts through 05/03/2023. 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), 17 U.S.C. 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. 504(b). The same goes for trademark owners, who 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 Defendants 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 Defendants, who likely would seek to transfer the money elsewhere. By 04/25/2023, the Plaintiff shall email the courtroom deputy, michael_wing@ilnd.uscouts.gov, a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #6 to file under seal is granted. To track the case only (no appearance is required, the case will not be called), the status hearing set for 04/21/2023 is reset to 05/05/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/28/2023. Emailed notice (mw, ) (Entered: 04/19/2023)

Docket(#19) SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 to Strid Declaration (Hierl, Michael) (Entered: 04/12/2023)

Docket(#18) MEMORANDUM by Art Ask Agency in support of motion for temporary restraining order, #17 (Attachments: #1 Declaration Strid Declaration, #2 Exhibit Group Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) (Entered: 04/12/2023)

Docket(#17) MOTION by Plaintiff Art Ask Agency for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) (Entered: 04/12/2023)

Docket(#16) MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the memorandum on joinder and the accompanying exhibit, R. 14, 15, although it remains a close question on whether the limits on joinder are satisfied by the Amended Schedule A, it is sufficiently close that adversarial presentation would be needed for further narrowing of the Defendants. It is true that the narrower set of Defendants are accused of infringing the same copyrighted image, but that alone is insufficient. But the named Defendants also do use the exact same advertising image, and the advertising image is somewhat unique. Having said that, the advertising image is arguably just the image on a t-shirt, which does not do much to differentiate the online stores. And the advertising text is dissimilar. Yet, as noted earlier, the question is close enough (especially because Defendants Nos. 1 and 3 seem to use a very similar t-shirt in the advertising image) that adversarial presentation would be needed. So joinder is satisfied for purposes of the early stage of the case. The Plaintiff shall file, if appropriate, its motion for provisional relief by 04/12/2023. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/21/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) (Entered: 04/05/2023)

Docket(#15) SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit A (Hierl, Michael) (Entered: 03/30/2023)

Docket(#14) MEMORANDUM by Art Ask Agency Plaintiff's Memorandum in Support of Joinder (Hierl, Michael) (Entered: 03/30/2023)

Docket(#13) SEALED DOCUMENT by Plaintiff Art Ask Agency Amended Schedule A (Hierl, Michael) (Entered: 03/30/2023)

Docket(#12) AMENDED complaint by Art Ask Agency against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Hierl, Michael) (Entered: 03/30/2023)

Docket(#11) MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint, R. 1, and Schedule A, R. 7, the Court raises the propriety of joinder of the 154 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 03/31/2023. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/07/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (Entered: 03/20/2023)

DocketCLERK'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. (jk2, ) (Entered: 02/21/2023)

DocketCASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jk2, ) (Entered: 02/21/2023)

Docket(#8) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency (Hierl, Michael) (Entered: 02/21/2023)

Docket(#7) SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A (Hierl, Michael) (Entered: 02/21/2023)

Docket(#6) MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) (Entered: 02/21/2023)

Docket(#5) ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray (Mcmurray, Robert) (Entered: 02/21/2023)

Docket(#4) ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac (Kalbac, William) (Entered: 02/21/2023)

Docket(#3) ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl (Hierl, Michael) (Entered: 02/21/2023)

Docket(#2) CIVIL Cover Sheet (Hierl, Michael) (Entered: 02/21/2023)

Docket(#1) COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 402, receipt number AILNDC-20363491. (Attachments: #1 Exhibit Group Exhibit 1)(Hierl, Michael) (Entered: 02/21/2023)