IP Verse

Bounce Curl, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A - 1:25-cv-02925

Bounce Curl, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A (Case No. 1:25-cv-02925), filed on Mar 19, 2025 involving patent infringement. This case involves patent infringement claims between the parties. Explore details about the litigants, key filings, and major docket updates.

Case Details

Case Number
1:25-cv-02925
Filing Date
Mar 19, 2025
Cause of Action
Patent Infringement
Status
OPEN
Court
-
Nature of Suit
830

Parties Involved

The following parties are involved in this case, with their respective legal representatives for the case.

Plaintiffs

The following plaintiffs are involved in this case, with their respective legal representatives for the case.

CompanyRepresented By
Bounce Curl, LLC
Greer, Burns & Crain

Defendants

The following defendants are involved in this case, with their respective legal representatives for the case.

CompanyRepresented By
The Partnerships and Unincorporated Associations Identified on Schedule A -

Patents Involved

There is a single patent involved in this case.

Application NumberPatent Number
29880941USD1028527B1

Docket Entries

The Docket Entries section provides a chronological list of all significant filings and court actions in this case.

DateDocket EntryType

Set alerts for critical docket entry

Apr 29, 2025 Registry Deposit Information Form by Bounce Curl, LLC (Burnham, Andrew) (Entered: 04/29/2025)-
Apr 29, 2025SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 4/29/2025. Mailed notice. (ecw, ) (Entered: 04/29/2025)SEALED
Apr 29, 2025MINUTE entry before the Honorable Thomas M. Durkin: Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 19 is granted. Ex parte motion for entry of a temporary restraining order, including a temporary asset restraint and expedited discovery 27 is granted. Mailed notice. (ecw, ) (Entered: 04/29/2025)MINUTE
Apr 28, 2025SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 2 regarding declaration 32 (Gaudio, Justin) (Entered: 04/28/2025)SEALED EXHIBIT
Apr 28, 2025DECLARATION of Merian Odesho regarding memorandum in support of motion 28 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 04/28/2025)DECLARATION
Apr 28, 2025DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 28 (Gaudio, Justin) (Entered: 04/28/2025)DECLARATION
Apr 28, 2025EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 2 regarding memorandum in support of motion 28 (Gaudio, Justin) (Entered: 04/28/2025)EXHIBIT
Apr 28, 2025SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 1 regarding memorandum in support of motion 28 (Gaudio, Justin) (Entered: 04/28/2025)SEALED EXHIBIT
Apr 28, 2025MEMORANDUM by Bounce Curl, LLC in support of motion for temporary restraining order 27 (Gaudio, Justin) (Entered: 04/28/2025)MEMORANDUM
Apr 28, 2025MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 04/28/2025)MOTION
Apr 8, 2025MINUTE entry before the Honorable Thomas M. Durkin: The Court's order of 3/26/2025 23 denying Plaintiff's original motion for a temporary restraining order 14 is vacated as erroneous. The Court sua sponte reconsiders Plaintiff's motion for a temporary restraining order filed 3/21/2025 14 , along with Plaintiff's renewed motion for a temporary restraining order filed 4/4/2025 24 . Both motions 14 24 are denied for failure to establish a likelihood of success on the merits. Plaintiff has brought a design patent claim. Plaintiff's motion contends that "Plaintiff has submitted extensive documentation that Defendants make, use, offer for sale, sell, and/or import into the United States for subsequent sale or use the same product, namely hairbrushes, that infringes directly and/or indirectly the Bounce Curl Design," and that this documentation "shows that an ordinary observer would be deceived into thinking that the Infringing Product was the same as the Bounce Curl Design." In support of this argument, Plaintiff cites a paragraph 10 of the declaration of Plaintiff's founder and CEO. In that paragraph of her declaration, Plaintiff's CEO states that Plaintiff's "investigations show that Defendants are making, using, offering for sale, selling, and/or importing into the United States for subsequent sale or use the same product, namely hairbrushes, that infringe directly and/or indirectly the Bounce Curl Design." These statements do not address the elements of design patent infringement with a descriptive comparison of Plaintiff's design patent to the products sold by Defendants. The Court also requires some discussion of the relevant prior art with respect to the perspective of the ordinary observer. Having failed to provide this more substantive analysis, Plaintiff has not established a likelihood of success on the merits. Plaintiff's renewed motion, which is limited to seeking an asset restraint, is also denied because a finding of a likelihood of success on the merits is necessary for the imposition of any kind of injunction. Mailed notice. (ecw, ) (Entered: 04/08/2025)MINUTE
Apr 4, 2025 Plaintiff's Supplemental Memorandum in Support of Plaintiffs Renewed Ex Parte Motion for Entry of a Temporary Restraining Order by Bounce Curl, LLC (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 04/04/2025)-
Apr 4, 2025MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Renewed) (Gaudio, Justin) (Entered: 04/04/2025)MOTION
Mar 26, 2025MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for a temporary restraining order 14 is denied without prejudice. Plaintiff's declaration 17 fails to include facts sufficient to establish a prima facie case of loss of goodwill and reputation which is necessary to demonstrate irreparable harm in this case. See Gabrielle Brianna Delgado v. The Partnerships etc. on Schedule A, 24-cv-11940, Dkt. # 17 (N.D. Ill. Dec. 19. 2024). The statements by Plaintiff's founder and CEO are some evidence of loss of goodwill and reputation, but more objective evidence is necessary in order to grant an ex parte temporary restraining order. See, e.g., Spin Master Ltd. v. The Partnerships etc. on Schedule A, 24 C 3006, Dkt. # 16 (N.D. Ill. Apr. 17, 2024) (declaration containing allegations the Court found sufficient to establish irreparable harm from a copyright violation); Peanuts Worldwide LLC v. The Partnerships etc. on Schedule A, 24 C 8685, Dkt. # 17 (N.D. Ill Sept. 24, 2024 (same). Mailed notice. (ecw, ) (Entered: 03/26/2025)MINUTE
Mar 24, 2025MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice. (ecw, ) (Entered: 03/24/2025)MINUTE
Mar 21, 2025DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20 (Gaudio, Justin) (Entered: 03/21/2025)DECLARATION
Mar 21, 2025MEMORANDUM by Bounce Curl, LLC in support of motion for miscellaneous relief 19 (Gaudio, Justin) (Entered: 03/21/2025)MEMORANDUM
Mar 21, 2025MOTION by Plaintiff Bounce Curl, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 03/21/2025)MOTION
Mar 21, 2025SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 2 regarding declaration 17 (Gaudio, Justin) (Entered: 03/21/2025)SEALED EXHIBIT
Mar 21, 2025DECLARATION of Merian Odesho regarding memorandum in support of motion 15 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 03/21/2025)DECLARATION
Mar 21, 2025DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15 (Gaudio, Justin) (Entered: 03/21/2025)DECLARATION
Mar 21, 2025MEMORANDUM by Bounce Curl, LLC in support of motion for temporary restraining order 14 (Gaudio, Justin) (Entered: 03/21/2025)MEMORANDUM
Mar 21, 2025MOTION by Plaintiff Bounce Curl, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 03/21/2025)MOTION
Mar 20, 2025MAILED Patent report to Patent Trademark Office, Alexandria VA (vjd, ) (Entered: 03/20/2025)MAILED
Mar 20, 2025MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 4 is granted. Mailed notice. (ecw, ) (Entered: 03/20/2025)MINUTE
Mar 19, 2025ATTORNEY Appearance for Plaintiff Bounce Curl, LLC by Andrew Daniel Burnham (Burnham, Andrew) (Entered: 03/19/2025)ATTORNEY
Mar 19, 2025ATTORNEY Appearance for Plaintiff Bounce Curl, LLC by Jennifer Van Nacht (Nacht, Jennifer) (Entered: 03/19/2025)ATTORNEY
Mar 19, 2025ATTORNEY Appearance for Plaintiff Bounce Curl, LLC by Amy Crout Ziegler (Ziegler, Amy) (Entered: 03/19/2025)ATTORNEY
Mar 19, 2025ATTORNEY Appearance for Plaintiff Bounce Curl, LLC by Justin R. Gaudio (Gaudio, Justin) (Entered: 03/19/2025)ATTORNEY
Mar 19, 2025 Notice of Claims involving Patents by Bounce Curl, LLC (Gaudio, Justin) (Entered: 03/19/2025)-
Mar 19, 2025NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bounce Curl, LLC (Gaudio, Justin) (Entered: 03/19/2025)NOTIFICATION
Mar 19, 2025CIVIL Cover Sheet (Gaudio, Justin) (Entered: 03/19/2025)CIVIL
Mar 19, 2025MOTION by Plaintiff Bounce Curl, LLC for leave to file under seal (Gaudio, Justin) (Entered: 03/19/2025)MOTION
Mar 19, 2025SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Exhibit 1 regarding complaint 1 (Gaudio, Justin) (Entered: 03/19/2025)SEALED EXHIBIT
Mar 19, 2025SEALED EXHIBIT by Plaintiff Bounce Curl, LLC Schedule A regarding complaint 1 (Gaudio, Justin) (Entered: 03/19/2025)SEALED EXHIBIT
Mar 19, 2025COMPLAINT filed by Bounce Curl, LLC; Filing fee $ 405, receipt number AILNDC-23232630. (Attachments: # 1 Exhibit 2)(Gaudio, Justin) (Entered: 03/19/2025)COMPLAINT