FOT, LLC v. The Partnerships and Unincorporated Associations Identified in Schedule A
1:2025-cv-03697
2025-04-07
FOT, LLC
Northern District of Illinois
27
版权侵权
```markdown
## 1. 案件基本信息
* **法院名称：** 美国伊利诺伊州北区联邦地区法院（东部分院）
* **案号 (Case Number):** 25-cv-03697
* **原告 (Plaintiff):** Fairly Odd Treasures, LLC
* **被告 (Defendant):**
- 实体名称：Partnerships and Unincorporated Associations Identified in Amended Schedule "A"
- 涉及平台：AliExpress、Walmart等（具体店铺ID见诉状附表A）
* **提交日期 (Filed Date):** 2025年5月29日
* **主审法官 (Assigned Judge):** 未明确指定
## 2. 核心指控与"品牌方的故事"
* **指控的侵权类型：**
- 设计专利侵权（35 U.S.C. § 271）
- 版权侵权（17 U.S.C. § 501）
- 虚假来源标识（《兰哈姆法》15 U.S.C. § 1125）
- 伊利诺伊州欺诈性贸易行为法（815 ILCS § 510/2）
- 民事共谋
* **涉案知识产权：**
- **设计专利**：
- 注册号：U.S. Patent No. D749,364
- 权利主体：Fairly Odd Treasures, LLC
- 受保护内容：小便池造型酒杯（"URINAL SHOT GLASSES"）的装饰性设计
- **版权作品**：
- 注册号：U.S. Reg. No. VA0002431436
- 权利主体：Fairly Odd Treasures, LLC
- 受保护内容：产品图片及营销素材
* **指控的侵权行为：**
- 在电商平台销售仿冒产品，使用原告的专利设计和版权图片
- 通过共同制造源、相似产品描述和定价策略形成关联侵权网络
- 使用虚假身份注册店铺以规避监管
* **涉案产品：**
- 仿制"小便池造型酒杯"产品（关键词："funny wine cup ceramic urinal cup toilet cup strong wine cup strange decoration"）
* **原告主要主张：**
- 被告利用原告声誉销售劣质仿品，导致消费者混淆和原告商誉损失
- 被告通过中国境内的协同侵权网络（如QQ群、卖家防御论坛）系统性规避法律
## 3. 原告提出的法律救济请求 (Demand)
* **核心诉求：**
- 永久禁令（禁止制造/销售/进口侵权产品）
- 三倍损害赔偿（专利侵权）或法定赔偿（版权侵权每项最高15万美元）
- 要求电商平台（如AliExpress、Walmart）和支付服务商（PayPal等）冻结被告账户
* **临时限制令 (TRO) 或初步禁令 (PI) 状态：**
- 诉状中未明确显示已签发，但强烈要求法院颁布临时及永久禁令
## 4. 原告律所信息 (关键联系人)
* **律所名称 (Law Firm):** Flener IP Law, LLC
* **出庭律师 (Attorneys):**
- Zareefa B. Flener (IL Bar No. 6281397)
- James E. Judge (IL Bar No. 6243206)
- Ying Chen (IL Bar No. 6346961)
* **律所联系方式：**
- 地址：77 West Washington Street, Suite 800, Chicago, Illinois 60602
- 电话：(312) 724-8874
- 邮箱：jjudge@fleneriplaw.com
**重要提示：**
本案涉及多平台账户冻结风险，被告可能为中国卖家群体。建议立即核查附表A所列店铺ID，并联系专业律师处理跨境应诉或和解事宜。诉状显示原告已掌握海关侵权统计数据（2024年中国占美国侵权扣押量90%），需警惕资金冻结措施。
```
| # | 日期 | 条目内容 |
|---|---|---|
| 29 | 2025/06/16 |
MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report [28]. Because defendant has not yet been served, the Court vacates the 6/17/25 initial status hearing and resets it for 7/17/25 at 9:30 a.m.
|
| 28 | 2025/06/10 |
STATUS Report by FOT, LLC
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| 27 | 2025/06/09 |
MINUTE entry before the Honorable Georgia N Alexakis: In a 6/9/25 email communication to the Courtroom Deputy, plaintiff's counsel stated that plaintiff intended to file a renewed motion for a temporary restraining order in light of the amended complaint [26]. Plaintiff's motion for a temporary restraining order [18] is therefore denied as moot.
|
| 26 | 2025/06/06 |
Second AMENDED complaint by FOT, LLC against Sunshine In The Store
|
| 2025/06/06 |
NEW PARTIES: Sunshine In The Store added to case caption. Terminating The Partnerships and Unincorporated Associations Identified in Amended Schedule A
|
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| 25 | 2025/06/05 |
MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file a second amended complaint [24]. Plaintiff's second amended complaint should be filed separately on the docket by 6/6/25.
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| 24 | 2025/06/04 |
MOTION by Plaintiff FOT, LLC for leave to file Second Amended Complaint
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| 23 | 2025/05/29 |
AMENDED complaint by FOT, LLC against The Partnerships and Unincorporated Associations Identified in Amended Schedule A (Unredacted)
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| 22 | 2025/05/28 |
MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 5/28/25. For the reasons reflected on the record, the Court recognizes that plaintiff responded to its rule to show cause order with the joinder-related memorandum at [19] and, upon consideration of that memorandum and supporting materials, is also satisfied that the amended complaint satisfies Rule 20's joinder requirements. The Court makes this determination without the benefit of adversarial presentation, however, and is willing to revisit the issue if a defendant appears and raises it. In addition, for the reasons reflected on the record, plaintiff's renewed motion for leave to file documents under seal [14] is granted in part and denied in part. By 5/29/25, plaintiff should file an unredacted version of the amended complaint and public versions of plaintiff's intellectual property registrations at issue in this action. Plaintiff's motion for leave to file excess pages [17] is granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service [18], is entered and continued. A supplemental memorandum in support of the temporary restraining order is due by 6/4/25. Plaintiff's amended proposed order should be submitted to the proposed order mailbox by 6/4/25.
|
| 21 | 2025/05/27 |
MINUTE entry before the Honorable Georgia N Alexakis: At the request of counsel, the hearing set for 5/27/25 is reset for 5/28/25 at 10:00 a.m.
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| 20 | 2025/05/23 |
MINUTE entry before the Honorable Georgia N Alexakis:The Court sets a hearing in this matter for 5/27/25 at 9:30 a.m. Plaintiff should come prepared to explain why it did not respond to the Court's rule to show cause by 5/22/25, as it was previously directed.
|
| 19 | 2025/05/22 |
SEALED DOCUMENT by Plaintiff FOT, LLC Memorandum in Support of Joinder
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| 18 | 2025/05/22 |
SEALED MOTION by Plaintiff FOT, LLC for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service
|
| 17 | 2025/05/22 |
MOTION by Plaintiff FOT, LLC for leave to file excess pages
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| 16 | 2025/05/22 |
SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Amended Complaint
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| 15 | 2025/05/22 |
AMENDED complaint by FOT, LLC against The Partnerships and Unincorporated Associations Identified in Amended Schedule A and terminating The Partnerships and Unincorporated Associations Identified in Schedule A
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| 14 | 2025/05/22 |
MOTION by Plaintiff FOT, LLC for leave to file documents under seal Renewed Motion
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| 13 | 2025/05/14 |
MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file documents under seal [9]. The Court has reviewed plaintiff's memorandum regarding joinder [10] and determines that plaintiff has failed to satisfy its burden to show that joinder of 97 defendants is proper under Federal Rule of Civil Procedure 20. See Estee Lauder Cosms. Ltd. v. The Partnerships, 334 F.R.D. 182, 185 (N.D. Ill. 2020) ("[plaintiff] bears the burden of demonstrating that joinder is proper"). In so concluding, the Court adopts its analyses in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 28, 2024), and Anagram International v. The Partnerships, 24 CV 12194, Dkt. 87 (N.D. Ill. Feb. 21, 2025). Although the Court specifically directed plaintiff to these prior decisions [7], plaintiff's joinder memorandum does not cite them, let alone address their reasoning. According to plaintiff, joinder of 97 defendants is proper because nearly all defendants "appear to buy product from the same manufacturer"; "have identical product offered for sale"; and "are confirmed to be located in China" and because a subset of the 97 defendants use packaging that matches the packaging used by the aforementioned manufacturer. [10-2] at 2. These rationales for joinder are ones that the Court already addressed, and rejected, in Anagram International and Bug Art Limited. See also Toyota Motor Sales, USA, Inc. v. The Partnerships, 24 CV 9401, Dkt. 27 at 23 (N.D. Ill. Nov. 18, 2024) ("Even if the t-shirts came from the same factory, and even if the unauthorized vendors employed the same hustle, I would have a hard time establishing a connection between a vendor in Chicago and a vendor in Los Angeleseven though they fit a particular profile."). Plaintiff also asserts that less than half of the 97 defendants use the same phrase in the titles of its product listings and that 14 sample purchases were shipped from three locations: two in Illinois and one in California. [10-2] at 2. But plaintiff does not explain how this evidence supports joinder of 97 defendants. It may permit joinder of those defendants that use the same titles in its product listings, assuming the plaintiff proffered that evidence in full to the Court. Or it may permit joinder of the defendants who shipped from the Illinois locations. Or it may permit joinder of the defendants who shipped from the California location. But that would be joinder of a more modest degree than joinder of 97 defendants. No appearance is required on 5/15/25. Plaintiff is further ordered to show cause in writing by 5/22/25 why this case should not be dismissed.
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| 12 | 2025/04/15 |
MINUTE entry before the Honorable Georgia N Alexakis: The Court sets an in-person hearing on plaintiff's motion for leave to file under seal 9 and its accompanying memorandum in support of joining 97 defendants in a single action for 5/15/25 at 9:30 a.m.
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| 11 | 2025/04/15 |
ATTORNEY Appearance for Plaintiff FOT, LLC by Zareefa Burki Flener
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| 10 | 2025/04/14 |
SEALED DOCUMENT by Plaintiff FOT, LLC Memorandum in Support of Joinder
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| 9 | 2025/04/14 |
MOTION by Plaintiff FOT, LLC for leave to file to File Documents Under Seal
|
| 8 | 2025/04/09 |
MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 6/17/25 at 9:30 a.m. in person in Courtroom 1719. By 6/10/25,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.
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| 7 | 2025/04/08 |
MINUTE entry before the Honorable Georgia N Alexakis: The Court grants in part and denies in part plaintiff's motion for leave to file documents under seal [4]. The Clerk of the Court is directed to unseal the complaint at Dkt. 5 and the exhibit at Dkt. 5-2 and to do so promptly. Plaintiff has not rebutted the presumption that its complaint, including the intellectual property right it is asserting, should be filed publicly. Plaintiff has not identified any statute, rule, or privilege that justifies confidentiality. See In re Specht, 622 F.3d 697, 701 (7th Cir. 2010) ("Documents that affect the disposition of federal litigation are presumptively open to public view, even if the litigants strongly prefer secrecy, unless a statute, rule, or privilege justifies confidentiality."); City of Greenville, Ill. v. Syngenta Crop Prot., LLC, 764 F.3d 695, 697 (7th Cir. 2014) ("[L]itigants who enjoy publicly subsidized dispute resolution should expect public oversight."). In addition, upon review of the complaint, the Court sua sponte raises the propriety of joining 97 defendants in a single action. By 4/14/25, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of this Court's orders in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 28, 2024), and Anagram International v. The Partnerships, 24 CV 12194, Dkt. 87 (N.D. Ill. Feb. 21, 2025). In the alternative, plaintiff has leave to file an amended complaint by 4/14/25 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting this Court's order in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025).
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| 6 | 2025/04/07 |
ATTORNEY Appearance for Plaintiff FOT, LLC by Ying Chen
|
| 5 | 2025/04/07 |
SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Complaint
|
| 2025/04/07 |
CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3).
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| 4 | 2025/04/07 |
MOTION by Plaintiff FOT, LLC for leave to file documents under seal
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| 3 | 2025/04/07 |
ATTORNEY Appearance for Plaintiff FOT, LLC by James Edward Judge
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| 2 | 2025/04/07 |
CIVIL Cover Sheet
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| 1 | 2025/04/07 |
COMPLAINT filed by FOT, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-23310910.
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