Jones Day v. BlockShopper.com et al

Plaintiff Jones Day alleged that Defendants BlockShopper.com, Brian Timpone and Edward Weinhaus used Jones Day marks, links to the Jones Day web site and used proprietary information from the Jones Day web site to create the false impression that Jones Day is affiliated and/or approved, sponsored or endorsed the business conducted by the Defendants.
Plaintiff:Jones Day
Defendant:BlockShopper.com, Brian Timpone and Edward Weinhaus
 
Case Number:1:2008cv04572
Filed:August 12, 2008
 
Court:Illinois Northern District Court
Office:Trademark Office [ Court Info ]
County:Cook
Presiding Judge:Honorable John W. Darrah
 
Nature of Suit:Intellectual Property - Trademark
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:15:1114 Trademark Infringement
Date Filed # Docket Text
August 12, 2008 1 COMPLAINT filed by Plaintiff Jones Day; Jury Demand: (Attachments: #(1) Exhibits A through F). Filing fee $350.00.(ar, ) (Entered: August 13, 2008)
August 12, 2008 2 CIVIL Cover Sheet. (ar, ) (Entered: August 13, 2008)
August 12, 2008 3 NOTICE by Plaintiff Jones Day of claims involving service mark pursuant to Local Rule 3.4. (ar, ) Modified on 8/13/2008 (ar, ). (Entered: August 13, 2008)
August 12, 2008 4 MOTION by Plaintiff Jones Day for temporary restraining order; Memorandum in support (Attachments: #(1) Exhibits A, 1, B, 1, C, D, E and F). (ar, ) (Entered: August 13, 2008)
August 12, 2008 5 ATTORNEY Appearance for Plaintiff Jones Day by Paul W. Schroeder. (ar, ) (Entered: August 13, 2008)
August 12, 2008 7 SUMMONSES Issued, three originals, as to Defendants BlockShopper.com, Brian Timpone, Edward Weinhaus. (ar, ) (Entered: August 13, 2008)
August 13, 2008 9 DECLARATION of Kristy Posch (Supplemental) in support of Motion for Temporary Restraining Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Schroeder, Paul) (Entered: August 13, 2008)
August 13, 2008 10 ATTORNEY Appearance for Plaintiff Jones Day by Paul W. Schroeder of Irene S. Fiorentinos (Schroeder, Paul) (Entered: August 13, 2008)
August 13, 2008 11 NOTICE of Motion by Paul W. Schroeder for presentment of motion for temporary restraining order 4 before Honorable John W. Darrah on 8/19/2008 at 09:45 AM. (Attachments: # 1 Motion for Temporary Restraining Order and Memorandum in Support, # 2 Exhibits A-F to the Motion for Temporary Restraining Order, # 3 Supplemental Declaration of Kristy Posch in support of Motion for Temporary Restraining Order (including Exhibits 1 and 2))(Schroeder, Paul) (Entered: August 13, 2008)
August 13, 2008 12 CERTIFICATE of Service by Plaintiff Jones Day to BlockShopper.com of (1) Complaint and Jury Demand (with Exhibits A-F), (2) Motion for Temporary Restraining Order and Memorandum in Support (with Exhibits A-F), (3) Notice of Motion, and (4) Supplemental Declaration of Kristy Posch in support of the Motion for Temporary Restraining Order (including Exhibits 1 and 2) (Schroeder, Paul) (Entered: August 13, 2008)
August 14, 2008 13 REQUEST for Clerk of Court to refund filing fee in the amount of $350.00, receipt no. 3014350, for duplicate payment (Schroeder, Paul) (Entered: August 14, 2008)
August 15, 2008 14 NOTICE of Motion by Paul W. Schroeder for presentment of motion for temporary restraining order 4 before Honorable John W. Darrah on 8/19/2008 at 09:45 AM. (Attachments: # 1 Motion for Temporary Restraining Order, # 2 Memorandum in Support of Motion for Temporary Restraining Order, # 3 Exhibits A-F to Memorandum in Support of Motion for Temporary Restraining Order, # 4 Supplemental Declaration of Kristy Posch in support of Motion for Temporary Restraining Order)(Schroeder, Paul) (Entered: August 15, 2008)
August 18, 2008 15 ATTORNEY Appearance for Defendants Brian Timpone, Edward Weinhaus by Martin B. Carroll (Carroll, Martin) (Entered: August 18, 2008)
August 18, 2008 16 ATTORNEY Appearance for Defendants Brian Timpone, Edward Weinhaus by Adam A Hachikian (Hachikian, Adam) (Entered: August 18, 2008)
August 19, 2008 17 ATTORNEY Appearance for Plaintiff Jones Day by Paul W. Schroeder of Brent P. Ray (Schroeder, Paul) (Entered: August 19, 2008)
August 19, 2008 18 Corporate Disclosure Statement by Jones Day (Schroeder, Paul) (Entered: August 19, 2008)
August 19, 2008 19 MINUTE entry before the Honorable John W. Darrah: Plaintiff's motion for temporary restraining order 4 is withdrawn without prejudice with leave to re-file. Enter Stipulation and Order. Settlement conference set for 9/26/08 at 2:00 p.m. Mailed notices (gcy, ) (Entered: August 21, 2008)
August 19, 2008 20 STIPULATION and ORDER Signed by the Honorable John W. Darrah on 8/19/2008:(gcy, ) (Entered: August 21, 2008)
August 22, 2008 21 ATTORNEY Appearance for Plaintiff Jones Day by Irene Savanis Fiorentinos (Fiorentinos, Irene) (Entered: August 22, 2008)
August 26, 2008 22 MINUTE entry before the Honorable John W. Darrah:Settlement conference held on 8/26/08. Status hearing set for 9/3/08 at 9:00 a.m. Mailed notice(maf, ) (Entered: August 27, 2008)
August 28, 2008 23 AMENDED complaint by Jones Day against all defendants (Attachments: # 1 Exhibit A-F)(Fiorentinos, Irene) (Entered: August 28, 2008)
August 28, 2008 24 CERTIFICATE of Service by Plaintiff Jones Day regarding amended complaint 23 (Fiorentinos, Irene) (Entered: August 28, 2008)
September 2, 2008 25 ATTORNEY Appearance for Plaintiff Jones Day by Brent P. Ray (Ray, Brent) (Entered: September 2, 2008)
September 3, 2008 26 ALIAS Summons Issued as to Brian Timpone and Edward Weinhaus. (gcy, ) (Entered: September 4, 2008)
September 3, 2008 27 MINUTE entry before the Honorable John W. Darrah: Motion to dismiss to be filed by 9/19/08, response by 10/3/08, reply by 10/10/08. Status hearing set for 11/13/08 at 9:00 a.m. Bench Trial set for 3/30/2009 at 09:00 a.m. Mailed notices (gcy, ) (Entered: September 4, 2008)
September 3, 2008 28 SUMMONS Issued as to Defendant BlockShopper.com. (gcy, ) (Entered: September 4, 2008)
September 4, 2008 29 ATTORNEY Appearance for Defendants Brian Timpone, Edward Weinhaus by Daniel S. Hefter and Defendant BlockShopper, LLC (Hefter, Daniel) (Entered: September 4, 2008)
September 10, 2008 30 ATTORNEY Appearance for Defendant BlockShopper, LLC by Martin B. Carroll (Carroll, Martin) (Entered: September 10, 2008)
September 10, 2008 31 ATTORNEY Appearance for Defendant BlockShopper, LLC by Adam A Hachikian (Hachikian, Adam) (Entered: September 10, 2008)
September 10, 2008 32 MOTION by Defendant BlockShopper, LLC for leave to file excess pages (Hachikian, Adam) (Entered: September 10, 2008)
September 10, 2008 33 NOTICE of Motion by Adam A Hachikian for presentment of motion for leave to file excess pages 32 before Honorable John W. Darrah on 9/18/2008 at 09:00 AM. (Hachikian, Adam) (Entered: September 10, 2008)
September 12, 2008 34 MINUTE entry before the Honorable John W. Darrah: Defendant Blockshopper's Motion for leave to file excess pages [32,33] is granted. Mailed notices (gcy, ) (Entered: September 15, 2008)
September 15, 2008 35 ATTORNEY Appearance for Defendants Brian Timpone, Edward Weinhaus, BlockShopper, LLC by Tracy Katz Muhl (Muhl, Tracy) (Entered: September 15, 2008)
September 18, 2008 36 ATTORNEY Appearance (Attachments: # 1 Certificate of Service)(Libman, Robert) (Entered: September 18, 2008)
September 18, 2008 41 MINUTE entry before the Honorable John W. Darrah: Enter Initial Scheduling Order. (gcy, ) (Entered: September 22, 2008)
September 18, 2008 42 INITIAL SCHEDULING ORDER Signed by the Honorable John W. Darrah on 9/18/2008:(gcy, ) (Entered: September 22, 2008)
September 19, 2008 37 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003121323. (Levy, Paul) (Entered: September 19, 2008)
September 19, 2008 38 MOTION by Unknown Unknown Party for leave to file -- MOTION OF ELECTRONIC FRONTIER FOUNDATION, PUBLIC CITIZEN, PUBLIC KNOWLEDGE, AND CITIZEN MEDIA LAW PROJECT FOR LEAVE TO FILE BRIEF AS AMICI CURIAE SUPPORTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S TRADEMARK CLAIMS (Attachments: # 1 Appendix Proposed Brief of Public Citizen, Electronic Frontier Foundation, Public Knowledge, and Citizen Media Law Project as Amici Curiae in Support of Defendants' Motion to Dismiss, # 2 Certificate of Service)(Libman, Robert) (Entered: September 19, 2008)
September 19, 2008 39 NOTICE of Motion by Robert S Libman for presentment of motion for leave to file,, 38 before Honorable John W. Darrah on 10/7/2008 at 09:00 AM. (Libman, Robert) (Entered: September 19, 2008)
September 19, 2008 40 MOTION by Defendants Brian Timpone, Edward Weinhaus, BlockShopper, LLC to dismiss Amended Complaint (Attachments: # 1 Exhibit Group Exhibit A, # 2 Notice of Filing)(Carroll, Martin) (Entered: September 19, 2008)
September 22, 2008 43 MOTION by Defendants Brian Timpone, Edward Weinhaus, BlockShopper, LLC to dismiss Amended Complaint (Attachments: # 1 Exhibit 1)(Hachikian, Adam) (Entered: September 22, 2008)
September 22, 2008 44 NOTICE by all defendants re MOTION by Defendants Brian Timpone, Edward Weinhaus, BlockShopper, LLC to dismiss Amended Complaint 43 (Hachikian, Adam) (Entered: September 22, 2008)
September 23, 2008 45 RESPONSE by Jones Dayin Opposition to MOTION by Unknown Unknown Party for leave to file -- MOTION OF ELECTRONIC FRONTIER FOUNDATION, PUBLIC CITIZEN, PUBLIC KNOWLEDGE, AND CITIZEN MEDIA LAW PROJECT FOR LEAVE TO FILE BRIEF AS AMICI CURIAE SUPPORTING DEFENDANT'S MOTION TO DISMISS PLAIN 38 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Schroeder, Paul) (Entered: September 23, 2008)
September 24, 2008 46 REPLY by Unknown Unknown Party to motion for leave to file,, 38 -- REPLY MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE (Attachments: # 1 Certificate of Service)(Libman, Robert) (Entered: September 24, 2008)
September 25, 2008 47 TRANSCRIPT OF PROCEEDINGS held on 08/19/08 before the Honorable John W. Darrah. Court Reporter Contact Information: Mary M. Hacker, (312) 435-5564, Mary_Hacker@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/16/2008. Redacted Transcript Deadline set for 10/27/2008. Release of Transcript Restriction set for 12/24/2008. (Hacker, Mary) (Entered: September 25, 2008)
September 25, 2008 48 TRANSCRIPT OF PROCEEDINGS held on 09/03/08 before the Honorable John W. Darrah. Court Reporter Contact Information: Mary M. Hacker, (312) 435-5564, Mary_Hacker@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/16/2008. Redacted Transcript Deadline set for 10/27/2008. Release of Transcript Restriction set for 12/24/2008. (Hacker, Mary) (Entered: September 25, 2008)
September 26, 2008 49 MINUTE entry before the Honorable John W. Darrah: Motion by attorney Paul Alan Levy for leave to appear pro hac vice for defendants Public Citizen, The Electronic Frontier Foundation. Public Knowledge and Citizens Media Law Project is granted. Mailed notices (gcy, ) Modified on 10/14/2008 (gcy, ). (Entered: September 29, 2008)
October 3, 2008 50 RESPONSE by Jones Dayin Opposition to MOTION by Defendants Brian Timpone, Edward Weinhaus, BlockShopper, LLC to dismiss Amended Complaint 43 (Schroeder, Paul) (Entered: October 3, 2008)
October 10, 2008 51 REPLY by Defendants Brian Timpone, Edward Weinhaus, BlockShopper, LLC to motion to dismiss 43 [in support thereof] (Attachments: # 1 Exhibit Group Exhibit A, part 1, # 2 Exhibit Group Exhibit A, part 2, # 3 Exhibit Group Exhibit A, part 3, # 4 Notice of Filing)(Carroll, Martin) (Entered: October 10, 2008)
October 20, 2008 52 ATTORNEY Appearance for Amicus Parties Public Citizen, The Electronic Frontier Foundation, Public Knowledge by Paul Alan Levy and Citizen Media Law Project (Attachments: # 1 Certificate of Service)(Levy, Paul) (Entered: October 20, 2008)
October 23, 2008 53 OBJECTIONS by Jones Day to reply, 51 opposing Defendants' FRE 201 request to take judicial notice (Schroeder, Paul) (Entered: October 23, 2008)
November 13, 2008 54 MINUTE entry before the Honorable John W. Darrah: For the reasons stated in the attached memorandum opinion and order, defendants' motions to dismiss plaintiff's amended complaint is granted as to the claims alleged against individual defendants Timpone and Weinhaus [40,43]. The motions to dismiss are otherwise denied. The motion of Electronic Frontier Foundation, Public Citizen, Public Knowledge and Citizen Media Law Project for leave to file brief as Amici Curiae is denied. Defendant's to answer by 12/11/08. Enter Memorandum Opinion and Order. Mailed notices (gcy, ) (Entered: November 17, 2008)
November 13, 2008 55 MEMORANDUM Opinion and Order Signed by the Honorable John W. Darrah on 11/13/2008:(gcy, ) (Entered: November 17, 2008)
November 26, 2008 56 MOTION by Defendant BlockShopper, LLC for leave to file Additional Appearances (Spears, Natalie) (Entered: November 26, 2008)
November 26, 2008 57 NOTICE of Motion by Natalie J. Spears for presentment of motion for leave to file 56 before Honorable John W. Darrah on 12/4/2008 at 09:00 AM. (Spears, Natalie) (Entered: November 26, 2008)
December 1, 2008 58 MINUTE entry before the Honorable John W. Darrah: Defendants' motion for leave to file additional appearances 56 is granted. Mailed notices (gcy, ) (Entered: December 2, 2008)
December 3, 2008 59 Defendant Blockshopper LLC's ANSWER to amended complaint and Jury Demand by BlockShopper, LLC(Spears, Natalie) (Entered: December 3, 2008)
December 4, 2008 60 ATTORNEY Appearance for Defendant BlockShopper, LLC by James Andrew Klenk (Klenk, James) (Entered: December 4, 2008)
December 4, 2008 61 ATTORNEY Appearance for Defendant BlockShopper, LLC by Natalie J. Spears (Spears, Natalie) (Entered: December 4, 2008)
December 4, 2008 62 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BlockShopper, LLC Rule 3.2 Disclosure Statement (Spears, Natalie) (Entered: December 4, 2008)
December 11, 2008 63 TRANSCRIPT OF PROCEEDINGS held on 11/13/08 before the Honorable John W. Darrah. Court Reporter Contact Information: Valarie M. Ramsey, (708)860-8482, valharam@aol.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/2/2009. Redacted Transcript Deadline set for 1/12/2009. Release of Transcript Restriction set for 3/11/2009. (amb, ) (Entered: December 11, 2008)
February 13, 2009 64 STIPULATION of Dismissal (Fiorentinos, Irene) (Entered: February 13, 2009)
February 24, 2009 65 MINUTE entry before the Honorable John W. Darrah:Parties having filed a stipulation of dismissal, this case is dismissed with prejudice and without costs. Civil case terminated. Bench trial set for 3/30/09 is vacated. Mailed notice(maf) (Entered: February 24, 2009)
Docket Report Last Checked: December 15, 2009 06:42:00 PST
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Plaintiff: Jones Day
Represented By: Paul W. Schroeder
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Defendant: BlockShopper.com
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Defendant: Brian Timpone
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Defendant: Edward Weinhaus
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