Bose Corporation v. The Partnerships Identified On Schedule A

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Plaintiff reports on the status of the case. Motion for default on the last remaining defendant to be filed by 10/21/26. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Defendant Zippercase's motion to dismiss 52 is denied. As to Count I (trademark infringement), Zippercase primarily raises the defenses of descriptive and nominative fair use. 52 at 4-10. The Court already rejected those defenses in its preliminary injunction ruling. 75. But more importantly, these defenses are procedurally improper because whether fair use applies involves fact-intensive determinations inappropriate for a motion to dismiss. Trademark Rightsholder Identified in Exhibit 1 v. Individual, Partnerships, & Unincorporated Assocations, Identified on Schedule A, No. 23 C 16216, 2024 WL 4382195, at *2 (N.D. Ill. Oct. 2, 2024). Indeed, Zippercase's arguments are entirely dependent on a theory that its original listing submissions to Amazon did not utilize Plaintiff's trademarks in an infringing manner and yet Amazon independently modified how Zippercase's listing appeared when the listings were eventually shown to consumers. Based on this, Zippercase contends it qualifies for fair use, or alternatively, that there was no "use in commerce" of Plaintiff's trademark by Zippercase. But these arguments rely on external facts, such as Amazon's listing process and what submissions Zippercase originally made to Amazon. Looking at the Complaint and documents subject to judicial notice alone, there are sufficient allegations supporting an inference of trademark infringement by Zippercase based on certain listing titles on Zippercase's Amazon storefront containing Plaintiff's trademarks. [13-4] at 17-21; Williamson v. Curran, 714 F.3d 432, 436 (7th Cir. 2013) (on motion to dismiss, court may consider "documents that are central to the complaint and are referred to in it, and information that is properly subject to judicial notice."). Defendant Zippercase can reraise these arguments on summary judgment after a full evidentiary record is developed. As to Counts II (false designation of origin, passing off, & unfair competition) and III (violation of the Illinois Uniform Deceptive Trade Practices Act), these claims involve the same elements and proofs as Count I, see KJ Korea, Inc. v. Health Korea, Inc., 66 F. Supp. 3d 1005, 1012 (N.D. Ill. 2014), and thus are also sufficiently plead at this stage in the litigation. The motion 52 must therefore be denied. By 8/28/26, Plaintiff and Defendant Zippercase shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at https://www.ilnd.uscourts.gov/judges.php by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The Court will enter a scheduling order in response. Mailed notice.

MEMORANDUM Opinion and Order Signed by the Honorable Mary M. Rowland on 8/14/2026. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: The bond posted by Plaintiff in the amount of $199,000.00, and any applicable or earned interest, is hereby ordered released by the Clerk to Plaintiff's counsel via U.S. Mail at Sullivan & Carter, LLP, 111 W. Jackson Blvd., Ste. 1700, Chicago, IL, 60604. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Mary M. Rowland on 7/30/2026. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Defendant ZHIJIE's unopposed motion for extension of time 109 is granted. Defendant ZHIJIE to answer or otherwise plead by 8/19/26. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Defendant ZHIJIE Motion for extension of time 103 is granted. Defendant to answer by 7/28/26. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Any objection to default judgment due by 7/20/26. Status report due by 7/27/26. Mailed notice.

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendants

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendant

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the status report 95. Motion to dismiss remains outstanding and Plaintiff will file motion for default as appropriate by end of June. Mailed notice.

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendant

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendants

MINUTE entry before the Honorable Mary M. Rowland: MusicMate2025 has been dismissed 86. Zippercase's motion to dismiss 52 and ChuangTuTu motion to dismiss and to dissolve 78 remain pending. Status report due 6/8/26. 81. Plaintiff should also update the court on whether it will be filing default against non-responding defendants. Mailed notice

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendants

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendants

RESPONSE by MusicMate2015, Zippercasein Opposition to MOTION by Plaintiff Bose Corporation to clarify Minute Entry 37 67

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendant

MOTION by Plaintiff Bose Corporation to clarify Minute Entry 37

MINUTE entry before the Honorable Mary M. Rowland: The Court grants Defendants SunEaseleetwo, Fableter, SunnyBrewonthree, muyuanbaihuotwo, hsdakldh, and asdgh's unopposed motion for extension of time 62. Defendants to answer or otherwise plead by 4/23/26. Mailed notice.

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendants

MINUTE entry before the Honorable Mary M. Rowland: Defendant's motion to file supplemental declaration 58 is granted. Mailed notice.

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendants

MINUTE entry before the Honorable Mary M. Rowland: The Court grants Defendant JusiOriginal's unopposed motion for extension of time to file answer [54]. Defendant JusiOriginal to answer or otherwise plead by 4/9/26. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's response to Defendant's motion [52] to dismiss is due by 4/23/26; reply due by 5/14/26. Mailed notice.

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendants

NOTICE of Voluntary Dismissal by Bose Corporation with prejudice as to certain Defendant

MINUTE entry before the Honorable Mary M. Rowland: The court is in receipt of the revised preliminary injunction order. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. In addition, is a link to video instructions for Plaintiff to view on how to Add Terminate Party https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: The Court grants Defendant Joremx's unopposed motion for extension of time 40. Defendant Joremx to answer or otherwise plead by 4/11/26. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: The Court grants Defendant L3 Tech US's unopposed motion for extension of time 39. Defendant L3 Tech US to answer or otherwise plead by 4/10/26. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: The Court grants Defendants MusicMate2015 and Zippercase's unopposed motion for extension of time 38. Defendants MusicMate2015 and Zippercase to answer or otherwise plead by 3/25/26. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion to file under seal and to proceed under pseudonym 6 is granted. Plaintiff is granted leave to file under seal and to proceed by way of pseudonym on a temporary basis. Plaintiff is directed to identify itself in within fourteen (14) days of entry of a TRO or case will be dismissed. The Court notes that Plaintiff does not address the most recent case law that strictly limits the use of pseudonyms. See Doe v. Loyola Univ. Chicago, 100 F.4th 910 (7th Cir. 2024) (explaining the court's strong presumption that litigants must use their own names), reh'g denied, No. 22-2925, 2024 WL 2818036 (7th Cir. June 3, 2024). Finally, the Court has a 200-defendant limit on Schedule a cases. Plaintiff is granted leave to file a revised Schedule A under seal. Mailed notice.