ENTERED JUDGMENT Mailed notice

MINUTE entry before the Honorable John Robert Blakey: All matters in dispute now having been resolved, see 27, the Court hereby dismisses this case under Rule 41(a). Civil case terminated. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 26, this case is dismissed without prejudice as to Defendant homepro9. Mailed notice

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendant

EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A regarding amended complaint, 24

AMENDED complaint by Hallmark Licensing, LLC against homepro9 and the Individuals and Entities Operating homepro9 and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

附件：

1:(Exhibit 5)
2:Exhibit 4
3:Exhibit 3
4:Exhibit 2
5:Exhibit 1

MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 91 separately identified Defendants in this single trademark and copyright infringement suit. Joinder of multiple defendants in a single 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, Plaintiff alleges that "E-commerce stores operating under the Seller Aliases share unique identifiers establishing a logical relationship between them and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." [1] at paragraph 3. Plaintiff also alleges that, even though Defendants "operate under multiple fictitious aliases, the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Unauthorized Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Unauthorized Products were manufactured by and come from a common source and that Defendants are interrelated." Id. at paragraph 29. Plaintiff also alleges that Defendants "are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Unauthorized Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Hallmark, have jointly and severally, knowingly and willfully used and continue to use the HALLMARK Trademarks and/or Hallmark Copyrighted Works in connection with the advertisement, distribution, offering for sale, and sale of Unauthorized Products into the United States and Illinois over the internet." Id. at paragraph 32. For the most part, these allegations are conclusory, and the Court need not accept them. Additionally, the screenshot evidence submitted along with Plaintiff's TRO motion undermines these statements: although some of the Defendant websites do use similar photos of allegedly infringing products, many do not, and they instead feature varying products and photos. Compare, e.g., [18-1] at 175 (stuffed Jesus), [18-1] at 168 (rainbow brite tee shirt), [18-1] 51 (Hallmark doormat), [18-2] at 40 (Hallmark Christmas Movies mug). Plaintiff's submissions provide no factual basis to find that these various sellers and goods remain interrelated such that joinder in this single action is appropriate. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may do so by 10/30/24. If Plaintiff fails to comply, the Court will dismiss this case. The Court dismisses without prejudice the complaint [1], denies without prejudice all pending motions [3], [14], [19] and strikes the 10/2/24 Notice of Motion date. Mailed notice

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 14, motion for miscellaneous relief 19, motion for leave to file 3 before Honorable John Robert Blakey on 10/2/2024 at 11:00 AM.

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

附件：

1:Exhibit 1
2:(Exhibit 2)

MEMORANDUM by Hallmark Licensing, LLC in support of motion for miscellaneous relief 19

MOTION by Plaintiff Hallmark Licensing, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Exhibit 3 - Parts 1-2 regarding declaration 17

附件：

1:(Exhibit 3-2)
2:Exhibit 3-1

DECLARATION of Stacey Howe regarding memorandum in support of motion 15

附件：

1:(Exhibit 2)
2:Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15

附件：

1:(Exhibit 4)
2:Exhibit 3
3:Exhibit 2
4:Exhibit 1

MEMORANDUM by Hallmark Licensing, LLC in support of motion for temporary restraining order 14

MOTION by Plaintiff Hallmark Licensing, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MAILED copyright report to Registrar, Washington DC

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED trademark report to Patent Trademark Office, Alexandria VA

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable M. David Weisman. 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.

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Jennifer Van Nacht

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Justin R. Gaudio

Notice of Claims Involving Trademarks by Hallmark Licensing, LLC

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hallmark Licensing, LLC

CIVIL Cover Sheet

MOTION by Plaintiff Hallmark Licensing, LLC for leave to file under Seal

SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A regarding complaint 1

COMPLAINT filed by Hallmark Licensing, LLC ; Filing fee $ 405, receipt number AILNDC-22504257.

附件：

1:(Exhibit 5)
2:Exhibit 4
3:Exhibit 3
4:Exhibit 2
5:Exhibit 1