TRO 案件
Glitch Productions Pty Ltd v. The Partnerships And Unincorporated Associations Identified On Schedule A,
商标侵权
案件编号
1:2026-cv-04944
立案日期
2026/04/29
原告
Glitch Productions Pty Ltd
法院
Illinois Northern District Court
案卷条目 (19)
2026/07/10
MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. The Court has reviewed plaintiff's filings and orders as follows. Plaintiff's motion for leave to file under seal [3] is granted. Plaintiff's ex parte motion for temporary restraining order [11] is entered and continued. Plaintiff's motion for electronic service [15] is denied without prejudice for the following reasons. First, the Court notes that plaintiff appears to have presented evidence of completed purchases of the allegedly infringing products to customers in Illinois as to each defendant. (Dckt. #14). See Liu v. Monthly, 170 F.4th 1090 (7th Cir. 2026). However, plaintiff's motion for electronic service is denied in light of the Seventh Circuit's opinion in Kangol LLC v. Hangzhou Chuanyue Silk Imp. & Exp. Co., 177 F.4th 793 (7th Cir. 2026). In Kangol, the Seventh Circuit held that the Hague Service Convention "prohibits service by email in China." Kangol, 177 F.4th at 801. The Court acknowledged, however, that the Convention does not apply if the defendant's address is unknown. Id. at 799. "[C]ourts handling Schedule A cases typically require plaintiffs to make 'reasonably diligent efforts to ascertain and verify [the] defendant's mailing address' before deeming the defendant's address unknown." Id., quoting NBA Props., Inc. v. P'ships and Unincorporated Ass'ns Identified in Schedule "A", 549 F. Supp. 3d 790, 796 (N.D.Ill. 2021). Here, plaintiff has not made a proper showing that it has made reasonably diligent efforts to ascertain and verify each defendants' mailing address. Indeed, plaintiff's counsel's declaration in support of such efforts includes only conclusory and generic assertions regarding the defendants listed in the Schedule A. (See e.g., Dckt. #16-1 ("Because e-commerce store operators can currently input any physical address, such addresses are usually false and/or are not where the e-commerce store operator is located. As such, even if a physical address is available, it is not as reliable as an e-mail address for providing notice to Defendants."). These "bare assertions regarding the reliability of Defendant[s]' publicly available address[es] are not a substitute for actual diligence." NBA Props., 549 F.Supp.3d at 796. Equally unhelpful are screenshots of maps for some defendants' apparent addresses with no substantive articulation of plaintiff's efforts to investigate the address or why it supports a finding that the address is unknown. As such, if plaintiff ultimately files a renewed motion for electronic service, it must outline the specific, diligent efforts taken to determine the physical address (and the outcome of those efforts) as to each defendant. Any such renewed motion shall be filed no later than 7/31/26. Tracking status hearing set for 8/28/26 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
2026/05/05
MEMORANDUM by Glitch Productions Pty Ltd in support of motion for miscellaneous relief[15]
2026/05/05
MOTION by Plaintiff Glitch Productions Pty Ltd for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
2026/05/05
DECLARATION of Andrew Masterson regarding memorandum in support of motion[12]
2026/05/05
MEMORANDUM by Glitch Productions Pty Ltd in support of motion for miscellaneous relief[11]
2026/05/05
SEALED EXHIBIT by Plaintiff Glitch Productions Pty Ltd Exhibit 3, Parts 1-5 regarding declaration[13]
2026/05/05
MOTION by Plaintiff Glitch Productions Pty Ltd for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
2026/05/01
AMENDED complaint by Glitch Productions Pty Ltd against The Partnerships And Unincorporated Associations Identified On Schedule A
2026/05/01
SEALED EXHIBIT by Plaintiff Glitch Productions Pty Ltd Schedule A regarding amended complaint, [9]
2026/04/29
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Glitch Productions Pty Ltd
2026/04/29
ATTORNEY Appearance for Plaintiff Glitch Productions Pty Ltd by Alexander Whang
2026/04/29
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.
2026/04/29
MOTION by Plaintiff Glitch Productions Pty Ltd for Leave to File Certain Documents Under Seal
2026/04/29
CIVIL Cover Sheet
2026/04/29
Notice of Claims Involving Trademarks by Glitch Productions Pty Ltd
2026/04/29
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.
2026/04/29
SEALED EXHIBIT by Plaintiff Glitch Productions Pty Ltd Schedule A regarding complaint[1]
2026/04/29
ATTORNEY Appearance for Plaintiff Glitch Productions Pty Ltd by Martin Francis Trainor
2026/04/29