MINUTE entry before the Honorable Jeremy C. Daniel: Pursuant to the Notice of Dismissal 33, this case is dismissed without prejudice. The Court reminds the plaintiff of Local Rule 40.3, which states "When a case is dismissed with prejudice or without, and a second case is filed involving the same parties and relating to the same subject matter, the second case shall be assigned to the judge to whom the first case was assigned. The designation sheet presented at the time the second case is filed shall indicate the number of the earlier case and the name of the judge to whom it was assigned." Civil case terminated. Mailed notice.

NOTICE of Voluntary Dismissal by Talon Tools, LLC as to all remaining Defendants

ORDER. The plaintiff's motion for a temporary restraining order 24 is denied. The plaintiff's motion for leave to file excess pages 23 is granted. Any documents previously filed under seal in this case are now unsealed. Signed by the Honorable Jeremy C. Daniel on 3/13/2025. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Motions 23 and 24 are taken under advisement. Mailed notice.

MOTION by Plaintiff Talon Tools, LLC for temporary restraining order (Renewed)

MOTION by Plaintiff Talon Tools, LLC for leave to file excess pages

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's motions to seal and temporarily proceed under a pseudonym [11, 20] are granted in part and denied in part. The plaintiff may keep the defendant's identify, to include the defendant's webstores, under seal until the defendant has been served with process. All other relief sought with respect to the motion is denied. As a general matter, the Court agrees with Judge Seeger's analysis in Zorro Productions, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations identified on Schedule A, Case No. 23-cv-05761, 2023 WL 8807254 (N.D. Ill. December 20, 2023). The plaintiff's motion for electronic service of process 17 is granted. The plaintiff's motion for a temporary restraining order is denied. The plaintiff alleges that the defendant infringes the plaintiff's "Stud Master 16" registered mark. To establish trademark infringement, "a plaintiff must establish that (1) its mark is protectable and (2) the defendant's use of the mark is likely to cause confusion among consumers." SportFuel, Inc. v. PepsiCo, Inc., 932 F.3d 589, 595 (7th Cir. 2019). Here, the plaintiff has not shown that it is likely to establish the defendant "used" the plaintiff's mark. After reviewing the plaintiff's filings, the Court could not find an instance where the defendant used the plaintiff's mark. The plaintiff's mark is a phrase. The defendant describes its product as "NEW Stud Tool Framing Precision Layout Inch 24 Wall On-Center Tools Masters USA." While that description includes the words "Stud" and "Master," it does not include the plaintiff's mark. Because there is no use of the plaintiff's mark, there is nothing to confuse consumers. Mailed notice.

MEMORANDUM by XYZ Corporation in support of motion for leave to file 20 certain documents under seal and to temporarily proceed under pseudonym (corrected) 12

附件：

1:(Exhibit 3)
2:Exhibit 2
3:Declaration of Sandy Zhuang
4:Exhibit 1
5:Declaration of Ann Marie Sullivan

MOTION by Plaintiff XYZ Corporation for leave to file certain documents under seal and to temporarily proceed under pseudonym (corrected) 11

NOTICE of Motion by John Joseph Mariane, IV for presentment of Sealed motion 15, motion for miscellaneous relief 17, motion for leave to file 11 before Honorable Jeremy C. Daniel on 2/25/2025 at 09:30 AM.

MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 17 Electronic Service of Process

附件：

1:(Exhibit 1-2)
2:Declaration of Ann Marie Sullivan

MOTION by Plaintiff XYZ Corporation Electronic Service of Process

SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion 15

附件：

1:(Exhibit 2)
2:Exhibit 1
3:Declaration in Support of Motion

SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order

SEALED DOCUMENT by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks

SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates

MEMORANDUM by XYZ Corporation in support of motion for leave to file 11 certain documents under seal and to temporarily proceed under pseudonym

附件：

1:(Exhibit 3)
2:Exhibit 1
3:Exhibit 2
4:Declaration of Sandy Zhuang
5:Declaration of Ann Marie Sullivan

MOTION by Plaintiff XYZ Corporation for leave to file certain documents under seal and to temporarily proceed under pseudonym

ATTORNEY Appearance for Plaintiff XYZ Corporation by Gouthami Vanam Tufts

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging infringement by 95 defendants. This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before February 27, 2025. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. All pending motions are hereby stayed pending resolution of the joinder issue. Mailed notice.

ATTORNEY Appearance for Plaintiff XYZ Corporation by John Joseph Mariane, IV

EMAILED Trademark Request Letter to Plaintiff's counsel Alison K Carter.

SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Schedule A

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.

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2).

ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter

CIVIL Cover Sheet

SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Unredacted)

附件：

1:(Exhibit 2 - Schedule A)
2:Exhibit 1

COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-23059602.