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TRO Bid in Arts Case Results in COVID-19 Rebuke from Judge

By Jenna Greene
May 01, 2020

Everyone wants to be a zealous advocate in protecting clients, to push for the maximum remedies available. But at this moment in COVID-19 time, some perspective is in order. For example, if your case involved stopping the sale of counterfeit unicorn products on the Internet, sorry, that wouldn't be an emergency.

That was the message from U.S. District Judge Steven C. Seeger, who was a partner at Kirkland & Ellis before he was confirmed to a seat in the U.S. District Court for the Northern District of Illinois in September. Recently in a trademark infringement case, Seeger penned a withering decision denying a request for a temporary restraining order that was filed by Michael A. Hierl, a partner at Hughes Socol Piers Resnick & Dym in Chicago. Art Ask Agency v. Individuals, 20-cv-1666.

Hierl, who did not respond to a request for comment, represents Art Ask Agency, the exclusive licensee for the fantasy art of British artist Anne Stokes, who is popular among the Dungeons and Dragons crowd. Hierl had asked the Illinois federal court for an emergency TRO, ex parte asset freeze and expedited discovery involving a slew of third parties including Amazon, Visa, PayPal, Western Union, Facebook and Google.

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