2022-cv-61695

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15937369, filed by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V.

Civil Cover Sheet

Exhibit 1 to Complaint - Certificates of Registration for the adidas Trademarks

Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK.

Complaint

Plaintiff's MOTION to Seal per Local Rule 5.4 by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V.

Text of Proposed Order

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. identifying Corporate Parent adidas North America, Inc. for ADIDAS AMERICA, INC.

Order (Text entry; no document attached.)

NOTICE OF COURT PRACTICE Unless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket Entry A party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings. Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 9/16/2022.

PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONS Within SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 9/16/2022.

Order Requiring Joint Scheduling Report. Signed by Judge Raag Singhal on 9/16/2022. See attached document for full details.

SYSTEM ENTRY - Docket Entry 13 [misc] restricted/sealed until further notice. (963205) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 14 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 14 [order] restricted/sealed until further notice. (Text entry; no document attached.)

Order (Text entry; no document attached.)

Notice of Filing BOND in the amount of $10,000.00 posted by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. Approved by Judge Raag Singhal

(Supplemental Attachment(s)) (pcs)

Plaintiff's MOTION to Unseal by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V.

Text of Proposed Order

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): 2021yeezyboost.com, adidasoutletstores.us.com, adidasshoes-canada.ca, 365yeezys.com, abovebizsport.com, artemisfashionsneaker.com, artemisoutlet.ru, awekicks.com, bestshoesstore.net, bisitry.com, bittase.com, bstsneakers.com, buyajshoes.com, buythesole.com, cheapyeezy.net, cheapyeezynow.com, deluxerep.com, elevenkicks.com, flamsneaker.com, footballretrojersey.com, hamptonathletics.com, hellopk.net, hottest-shoes.com, incbbl.store, jordan1best.com, jordanplugs.com, kickbulk.co, kicki.co, kickwho.asia, kisskick.ru, ljrsneakers.com, minejerseys.net, ogtonysneakers.com, onebyonemall.com, outletsshoes.cn, owowgoodshop.com, realkicks.vip, rockkick.ru, serchluxury.com, sharesneaker.net, shootjerseys.biz, sirsoccer.com, sneakercrushes.co, kickswho.vip, sneakershoeboxru.ru, sneakerwell.com, soccerpeter.com, stockxhouse.com, stockxpro.vip, songsneaker.com, style4ug.com, taosneakers.com, taxshoes.com, teeplano.com, thechurchofsaintstephen.com, unclelin.net, wavyword.shop, weststocks.ru, wonderkicks.ru, yeezyall.com, yeezywish.com, yesyeezy.ru and yougoodha.gq.

NOTICE of Filing Proposed Summons(es) by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V.

Summon(s)

Summons Issued as to All Defendants.

NOTICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [1] Complaint, [10] Order Requiring Joint Scheduling Report upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [1] Complaint, [10] Order Requiring Joint Scheduling Report upon Defendants via Registrar

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [4] Plaintiff's MOTION to Seal per Local Rule 5.4, [1] Complaint, [5] Certificate of Other Affiliates/Corporate Disclosure Statement, [8] Notice of Court Practice/to Appear/Other, [3] Form AO 120/121, [10] Order Requiring Joint Scheduling Report, [9] Order, [2] Clerk's Notice of Judge Assignment, upon Defendants via website posting

NOTICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. of Identification of Additional PayPal Accounts Used by Defendant Numbers 18, 30, 34, and 58

Declaration of Kathleen Burns in Support Thereof

Exhibit 1 to the Declaration of Kathleen Burns

NOTICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. of E-mail Inquiries Received from Certain Defendants in Connection with Asset Restraint and Service

Exhibit 1 to the Notice of E-mail Inquiries

PAPERLESS Minute Entry and MINUTE ORDER for proceedings held before Judge Raag Singhal: Motion Hearing held on 11/2/2022 re 6 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC., ADIDAS AG. Total time in court: 15 minutes. Attorney Appearance(s): Virgilio Gigante. Other appearances: Defendant John Doe, hansoneathletics.com, not objecting. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov.

ORDER GRANTING APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION re [6] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC., ADIDAS AG Signed by Judge Raag Singhal on 11/7/2022. See attached document for full details.

ORDER granting [16] Motion to Unseal Document. Signed by Judge Raag Singhal on 11/7/2022. See attached document for full details.

NOTICE of Compliance re 27 Order on Motion to Unseal Document (Docket entries unsealed)

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AG, ADIDAS AMERICA, INC.

(Exhibit 1 to Amended Complaint Certificates of Registration for the adidas Trademarks)

NOTICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. of Identification of Additional Alias for Defendant Number 46 and Additional PayPal Accounts Used by Defendant Numbers 12, 27, and 46

Declaration of Kathleen Burns in Support Thereof

(Exhibit 1 to the Declaration of Kathleen Burns)

NOTICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [26] Order, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [26] Order, upon Defendant via Registrar

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [26] Order, upon Defendants via website posting

SUMMONS (Affidavit) Returned Executed on [29] Amended Complaint/Amended Notice of Removal, [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AG, ADIDAS AMERICA, INC. 2021yeezyboost.com served on 11/8/2022, response/answer due 11/29/2022; 365yeezys.com served on 11/8/2022, response/answer due 11/29/2022; abovebizsport.com served on 11/8/2022, response/answer due 11/29/2022; adidasoutletstores.us.com served on 11/8/2022, response/answer due 11/29/2022; adidasshoes-canada.ca served on 11/8/2022, response/answer due 11/29/2022; artemisfashionsneaker.com served on 11/8/2022, response/answer due 11/29/2022; artemisoutlet.ru served on 11/8/2022, response/answer due 11/29/2022; awekicks.com served on 11/8/2022, response/answer due 11/29/2022; bestshoesstore.net served on 11/8/2022, response/answer due 11/29/2022; bisitry.com served on 11/8/2022, response/answer due 11/29/2022; bittase.com served on 11/8/2022, response/answer due 11/29/2022; bstsneakers.com served on 11/8/2022, response/answer due 11/29/2022; buyajshoes.com served on 11/8/2022, response/answer due 11/29/2022; buythesole.com served on 11/8/2022, response/answer due 11/29/2022; cheapyeezy.net served on 11/8/2022, response/answer due 11/29/2022; cheapyeezynow.com served on 11/8/2022, response/answer due 11/29/2022; deluxerep.com served on 11/8/2022, response/answer due 11/29/2022; elevenkicks.com served on 11/8/2022, response/answer due 11/29/2022; flamsneaker.com served on 11/8/2022, response/answer due 11/29/2022; footballretrojersey.com served on 11/8/2022, response/answer due 11/29/2022; hamptonathletics.com served on 11/8/2022, response/answer due 11/29/2022; hellopk.net served on 11/8/2022, response/answer due 11/29/2022; hottest-shoes.com served on 11/8/2022, response/answer due 11/29/2022; incbbl.store served on 11/8/2022, response/answer due 11/29/2022; jordan1best.com served on 11/8/2022, response/answer due 11/29/2022; jordanplugs.com served on 11/8/2022, response/answer due 11/29/2022; kickbulk.co served on 11/8/2022, response/answer due 11/29/2022; kicki.co served on 11/8/2022, response/answer due 11/29/2022; kickswho.vip served on 11/8/2022, response/answer due 11/29/2022; kickwho.asia served on 11/8/2022, response/answer due 11/29/2022; kisskick.ru served on 11/8/2022, response/answer due 11/29/2022; ljrsneakers.com served on 11/8/2022, response/answer due 11/29/2022; minejerseys.net served on 11/8/2022, response/answer due 11/29/2022; ogtonysneakers.com served on 11/8/2022, response/answer due 11/29/2022; onebyonemall.com served on 11/8/2022, response/answer due 11/29/2022; outletsshoes.cn served on 11/8/2022, response/answer due 11/29/2022; owowgoodshop.com served on 11/8/2022, response/answer due 11/29/2022; realkicks.vip served on 11/8/2022, response/answer due 11/29/2022; rockkick.ru served on 11/8/2022, response/answer due 11/29/2022; serchluxury.com served on 11/8/2022, response/answer due 11/29/2022; sharesneaker.net served on 11/8/2022, response/answer due 11/29/2022; shootjerseys.biz served on 11/8/2022, response/answer due 11/29/2022; sirsoccer.com served on 11/8/2022, response/answer due 11/29/2022; sneakercrushes.co served on 11/8/2022, response/answer due 11/29/2022; sneakershoeboxru.ru served on 11/8/2022, response/answer due 11/29/2022; sneakerwell.com served on 11/8/2022, response/answer due 11/29/2022; soccerpeter.com served on 11/8/2022, response/answer due 11/29/2022; songsneaker.com served on 11/8/2022, response/answer due 11/29/2022; stockxhouse.com served on 11/8/2022, response/answer due 11/29/2022; stockxpro.vip served on 11/8/2022, response/answer due 11/29/2022; style4ug.com served on 11/8/2022, response/answer due 11/29/2022; taosneakers.com served on 11/8/2022, response/answer due 11/29/2022; taxshoes.com served on 11/8/2022, response/answer due 11/29/2022; teeplano.com served on 11/8/2022, response/answer due 11/29/2022; thechurchofsaintstephen.com served on 11/8/2022, response/answer due 11/29/2022; unclelin.net served on 11/8/2022, response/answer due 11/29/2022; wavyword.shop served on 11/8/2022, response/answer due 11/29/2022; weststocks.ru served on 11/8/2022, response/answer due 11/29/2022; wonderkicks.ru served on 11/8/2022, response/answer due 11/29/2022; yeezyall.com served on 11/8/2022, response/answer due 11/29/2022; yeezywish.com served on 11/8/2022, response/answer due 11/29/2022; yesyeezy.ru served on 11/8/2022, response/answer due 11/29/2022; yougoodha.gq served on 11/8/2022, response/answer due 11/29/2022.

Affidavit of Service

Affidavit of Service

Affidavit of Service

Plaintiff's MOTION for Clerk's Entry of Default as to 2021yeezyboost.com, 365yeezys.com, The Individuals, Business Entities, and Unincorporated Associations, abovebizsport.com, adidasoutletstores.us.com, adidasshoes-canada.ca, artemisfashionsneaker.com, artemisoutlet.ru, awekicks.com, bestshoesstore.net, bisitry.com, bittase.com, bstsneakers.com, buyajshoes.com, buythesole.com, cheapyeezy.net, cheapyeezynow.com, deluxerep.com, elevenkicks.com, flamsneaker.com, footballretrojersey.com, hellopk.net, hottest-shoes.com, incbbl.store, jordan1best.com, jordanplugs.com, kickbulk.co, kicki.co, kickswho.vip, kickwho.asia, kisskick.ru, ljrsneakers.com, minejerseys.net, ogtonysneakers.com, onebyonemall.com, outletsshoes.cn, owowgoodshop.com, realkicks.vip, rockkick.ru, serchluxury.com, sharesneaker.net, shootjerseys.biz, sirsoccer.com, sneakercrushes.co, sneakershoeboxru.ru, sneakerwell.com, soccerpeter.com, songsneaker.com, stockxhouse.com, stockxpro.vip, style4ug.com, taosneakers.com, taxshoes.com, teeplano.com, thechurchofsaintstephen.com, unclelin.net, wavyword.shop, weststocks.ru, wonderkicks.ru, yeezyall.com, yeezywish.com, yesyeezy.ru, yougoodha.gq by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AG, ADIDAS AMERICA, INC.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk'

Text of Proposed Order

Clerk's Entry of Default as to 2021yeezyboost.com, 365yeezys.com, abovebizsport.com, adidasoutletstores.us.com, adidasshoes-canada.ca, artemisfashionsneaker.com, artemisoutlet.ru, awekicks.com, bestshoesstore.net, bisitry.com, bittase.com, bstsneakers.com, buyajshoes.com, buythesole.com, cheapyeezy.net, cheapyeezynow.com, deluxerep.com, elevenkicks.com, flamsneaker.com, footballretrojersey.com, hamptonathletics.com, hellopk.net, hottest-shoes.com, incbbl.store, jordan1best.com, jordanplugs.com, kickbulk.co, kicki.co, kickswho.vip, kickwho.asia, kisskick.ru, ljrsneakers.com, minejerseys.net, ogtonysneakers.com, onebyonemall.com, outletsshoes.cn, owowgoodshop.com, realkicks.vip, rockkick.ru, serchluxury.com, sharesneaker.net, shootjerseys.biz, sirsoccer.com, sneakercrushes.co, sneakershoeboxru.ru, sneakerwell.com, soccerpeter.com, songsneaker.com, stockxhouse.com, stockxpro.vip, style4ug.com, taosneakers.com, taxshoes.com, teeplano.com, thechurchofsaintstephen.com, unclelin.net, wavyword.shop, weststocks.ru, wonderkicks.ru, yeezyall.com, yeezywish.com, yesyeezy.ru, yougoodha.gq - Motions Terminated: 35 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 12/1/2022.

Plaintiff's MOTION to Approve Consent Judgment as to Defendant Numbers 4, 21, and 46 by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 2/9/2023

Text of Proposed Order

(Exhibit 1 - Statement of Consent)

Plaintiff's MOTION for Default Judgment and Memorandum of Law In Support Thereof by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V.

Text of Proposed Order Granting Motion for Final Default Judgment

Text of Proposed Order Final Judgment and Permanent Injunction

(Declaration of Virgilio Gigante in Support Thereof)

NOTICE of Change of Address, Email or Law Firm Name by Virgilio Gigante

NOTICE of Change of Address, Email or Law Firm Name by Stephen Michael Gaffigan

CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Virgilio Gigante.

CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Stephen Michael Gaffigan.

CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT NUMBERS 4, 21, AND 46, granting [37] Motion to Approve Consent Judgment. Signed by Judge Raag Singhal on 4/6/2023. See attached document for full details.

ORDER granting [38] Motion for Final Default Judgment. Signed by Judge Raag Singhal on 4/6/2023. See attached document for full details.

DEFAULT FINAL JUDGMENT and Permanent Injunction in favor of ADIDAS AG against The Individuals, Business Entities, and Unincorporated Associations,identified on Schedule A attached. Closing Case. Signed by Judge Raag Singhal on 4/6/2023. See attached document for full details.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK