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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Preliminary Injunction Entered Against Defendants Failing to Appear

Posted in Trial

Algierz, Inc. v. The Source of Apparel, Inc., et al., No. 12 C 5361, Slip Op. (N.D. Ill. July 13, 2012) (Chang, J.).

Judge Chang ruled upon plaintiff Algierz’s motion to extend temporary restraining orders (“TROs”) and for preliminary injunctions (“PIs”) in this patent case as follows:

  • The Court denied to extend the TRO and denied a PI as to defendant Source of Apparel and an individual defendant because there was insufficient evidence that those defendants knew of the asserted direct infringement.  The defendants therefore, could not be liable for contributory infringement.
  • As to defendant Selah USA and another individual defendant, the TRO was extended based upon evidence of direct infringement.  The Court deferred ruling upon the PI until expiration of the TRO to give the defendants time to defend against the PI and to finalize settlement.
  • Defendant Hip Hop Trading LLC and two other defendants, each of whom did not appear, had a PI entered.  They were given leave to file motions to dissolve the PIs upon their “prompt appearance.”
  • The Court ordered Algierz and defendant D&J International and another defendant to submit their agreed, proposed PI for the Court’s consideration.