2022-cv-61696

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15938201, 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 Roy K. Altman and Magistrate Judge Patrick M. Hunt. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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 and Exhibits) (scn)

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 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.

SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (963205) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 7 [motion] restricted/sealed until further notice. (963205) (Text entry; no document attached.)

PAPERLESS ORDER denying 4 the Plaintiffs' Motion to Seal. In the Complaint [ECF No. 1], the Plaintiffs failed to identify the Defendants. Instead, the Plaintiffs said that Schedule A "is the subject of Plaintiff's Motion to File Under Seal." Compl. at 24. That won't do. By October 5, 2022, the Plaintiffs must file their Schedule A, identifying all the Defendants on the public docket and the Plaintiffs must add all of the Defendants as parties through CM-ECF. Failure to do so may result in sanctions, including dismissal of this case without further notice. Signed by Judge Roy K. Altman on 10/4/2022.

NOTICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. of Filing Schedule A to Plaintiffs Complaint in Accordance with Docket Entry 8

Schedule A to Complaint

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): Azzzzzz Store Store, Beautiful expectation Store, Binerdan Store, BOOGIE Night Store, Brand Slippers Store, climatety Store, Clothes Online Store, Czoismom Official Store, Duzeala Store, Elijoin Dress Store, Fardress Store, Felyn Boutique 3 Store, FitnessDesert official store Store, Fuyou Store, golf apparel korea Store, Gvresh clcthing Store, HHDMV Official Store, Hwanan Store, ICCLEK LUCK Store, KSH556 Store, Loved clothes Store, SECCO Store, Shop4967050 Store, Shop910646010 Store, Spangle Store, VAZN GuoQing Store, VAZN Official Store, VAZN Sexy Club Third Store, weitehang Store, youly Store, Yours Best Shop Store, airretroshoes, austore, Basketball 2021 University Blue, dafu01, dunks, factoryshoesseller2, happylifess, hfyfirm, juwanstore, liancheng02, loneshoes, luxury_men, mangoesportshoes, marrisha, mature_, mengqiqi02, mimiki, qiuti12, ronjashoes, shoptime08, strongg, truecolor_sport, tshirt99, wuzhuang, Biu Biu Boom, Erin Collection, GOAT Shoes, Jiumiao Sports, Kyushu, Lovely Shoes, Men Fashion Printing Suit, Menma shoes, mrtocs, One happiness, ONFINDYSHOES66, popular elements, Rebirth shoes, Shoes with Best Wishes, simiyr, SKTCC Shoes, WuJiang, Xiao Feng, Yanxu Shoes, yuezhixin, JWM Trends, Orchid_Valley and Rainbirth Happy Sports Store.

Civil Case Terminated per DE [11]. Closing Case. (Text entry; no document attached.)

Order (Text entry; no document attached.)

Civil Case Terminated per DE [11]. Closing Case. (Text entry; no document attached.)

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

SYSTEM ENTRY - Docket Entry 11 [order] restricted/sealed until further notice. (Text entry; no document attached.)

Civil Case Terminated per DE 11. Closing Case. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (Text entry; no document attached.)

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

SYSTEM ENTRY - Docket Entry 14 [motion] restricted/sealed until further notice. (963205) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 15 [order] restricted/sealed until further notice. (Text entry; no document attached.)

Order (Text entry; no document attached.)

Seizure BOND in the amount of $10,000.00 posted by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. Approved by DEPUTY CLERK.

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

Text of Proposed Order

NOTICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [1] Complaint, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [2] Clerk's Notice of Judge Assignment, [4] Plaintiff's MOTION to Seal per Local Rule 5.4, [16] Bond, [5] Certificate of Other Affiliates/Corporate Disclosure Statement, [1] Complaint, [3] Form AO 120/121 upon Defendants via website posting

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

Summon(s)

ORDER granting [17] Motion to Unseal. Signed by Judge Roy K. Altman on 10/25/2022. See attached document for full details.

NOTICE of Compliance re 21 Order on Motion for Miscellaneous Relief. (All docket entries in this case unsealed and return those portions of the Court file to the public records.)

Summons Issued as to Azzzzzz Store Store, BOOGIE Night Store, Basketball 2021 University Blue, Beautiful expectation Store, Binerdan Store, Biu Biu Boom, Brand Slippers Store, Clothes Online Store, Czoismom Official Store, Duzeala Store, Elijoin Dress Store, Erin Collection, Fardress Store, Felyn Boutique 3 Store, FitnessDesert official store Store, Fuyou Store, GOAT Shoes, Gvresh clcthing Store, HHDMV Official Store, Hwanan Store, ICCLEK LUCK Store, JWM Trends, Jiumiao Sports, KSH556 Store, Kyushu, Loved clothes Store, Lovely Shoes, Men Fashion Printing Suit, Menma shoes, ONFINDYSHOES66, One happiness, Orchid_Valley, Rainbirth Happy Sports Store, Rebirth shoes, SECCO Store, SKTCC Shoes, Shoes with Best Wishes, Shop4967050 Store, Shop910646010 Store, Spangle Store, The Individuals, Business Entities, and Unincorporated Associations, VAZN GuoQing Store, VAZN Official Store, VAZN Sexy Club Third Store, WuJiang, Xiao Feng, Yanxu Shoes, Yours Best Shop Store, airretroshoes, austore, climatety Store, dafu01, dunks, factoryshoesseller2, golf apparel korea Store, happylifess, hfyfirm, juwanstore, liancheng02, loneshoes, luxury_men, mangoesportshoes, marrisha, mature_, mengqiqi02, mimiki, mrtocs, popular elements, qiuti12, ronjashoes, shoptime08, simiyr, strongg, truecolor_sport, tshirt99, weitehang Store, wuzhuang, youly Store, yuezhixin.

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 for proceedings held before Judge Roy K. Altman: Motion Hearing held on 10/26/2022 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: 0 hour(s) : 20 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com.

ORDER GRANTING APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION: This case shall remain CLOSED for administrative purposes only. Signed by Judge Roy K. Altman on 10/26/2022. See attached document for full details.

NOTICE of Rejection of Service of Process.

NOTICE of Rejection of Service of Process.

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 Comp - Certificates of Registration for the adidas Trademarks)

Summons Issued as to Azzzzzz Store Store, BOOGIE Night Store, Basketball 2021 University Blue, Beautiful expectation Store, Binerdan Store, Biu Biu Boom, Brand Slippers Store, Clothes Online Store, Czoismom Official Store, Duzeala Store, Elijoin Dress Store, Erin Collection, Fardress Store, Felyn Boutique 3 Store, FitnessDesert official store Store, Fuyou Store, GOAT Shoes, Gvresh clcthing Store, HHDMV Official Store, Hwanan Store, ICCLEK LUCK Store, JWM Trends, Jiumiao Sports, KSH556 Store, Kyushu, Loved clothes Store, Lovely Shoes, Men Fashion Printing Suit, Menma shoes, ONFINDYSHOES66, One happiness, Orchid_Valley, Rainbirth Happy Sports Store, Rebirth shoes, SECCO Store, SKTCC Shoes, Shoes with Best Wishes, Shop4967050 Store, Shop910646010 Store, Spangle Store, The Individuals, Business Entities, and Unincorporated Associations, VAZN GuoQing Store, VAZN Official Store, VAZN Sexy Club Third Store, WuJiang, Xiao Feng, Yanxu Shoes, Yours Best Shop Store, airretroshoes, austore, climatety Store, dafu01, dunks, factoryshoesseller2, golf apparel korea Store, happylifess, hfyfirm, juwanstore, liancheng02, loneshoes, luxury_men, mangoesportshoes, marrisha, mature_, mengqiqi02, mimiki, mrtocs, popular elements, qiuti12, ronjashoes, shoptime08, simiyr, strongg, truecolor_sport, tshirt99, weitehang Store, wuzhuang, youly Store, yuezhixin.

NOTICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [26] Preliminary Injunction 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] Preliminary Injunction 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. Azzzzzz Store Store served on 10/28/2022, response/answer due 11/18/2022; BOOGIE Night Store served on 10/28/2022, response/answer due 11/18/2022; Basketball 2021 University Blue served on 10/28/2022, response/answer due 11/18/2022; Beautiful expectation Store served on 10/28/2022, response/answer due 11/18/2022; Binerdan Store served on 10/28/2022, response/answer due 11/18/2022; Biu Biu Boom served on 10/28/2022, response/answer due 11/18/2022; Brand Slippers Store served on 10/28/2022, response/answer due 11/18/2022; Clothes Online Store served on 10/28/2022, response/answer due 11/18/2022; Czoismom Official Store served on 10/28/2022, response/answer due 11/18/2022; Duzeala Store served on 10/28/2022, response/answer due 11/18/2022; Elijoin Dress Store served on 10/28/2022, response/answer due 11/18/2022; Erin Collection served on 10/28/2022, response/answer due 11/18/2022; Fardress Store served on 10/28/2022, response/answer due 11/18/2022; Felyn Boutique 3 Store served on 10/28/2022, response/answer due 11/18/2022; FitnessDesert official store Store served on 10/28/2022, response/answer due 11/18/2022; Fuyou Store served on 10/28/2022, response/answer due 11/18/2022; GOAT Shoes served on 10/28/2022, response/answer due 11/18/2022; Gvresh clcthing Store served on 10/28/2022, response/answer due 11/18/2022; HHDMV Official Store served on 10/28/2022, response/answer due 11/18/2022; Hwanan Store served on 10/28/2022, response/answer due 11/18/2022; ICCLEK LUCK Store served on 10/28/2022, response/answer due 11/18/2022; JWM Trends served on 10/28/2022, response/answer due 11/18/2022; Jiumiao Sports served on 10/28/2022, response/answer due 11/18/2022; KSH556 Store served on 10/28/2022, response/answer due 11/18/2022; Kyushu served on 10/28/2022, response/answer due 11/18/2022; Loved clothes Store served on 10/28/2022, response/answer due 11/18/2022; Lovely Shoes served on 10/28/2022, response/answer due 11/18/2022; Men Fashion Printing Suit served on 10/28/2022, response/answer due 11/18/2022; Menma shoes served on 10/28/2022, response/answer due 11/18/2022; ONFINDYSHOES66 served on 10/28/2022, response/answer due 11/18/2022; One happiness served on 10/28/2022, response/answer due 11/18/2022; Orchid_Valley served on 10/28/2022, response/answer due 11/18/2022; Rainbirth Happy Sports Store served on 10/28/2022, response/answer due 11/18/2022; Rebirth shoes served on 10/28/2022, response/answer due 11/18/2022; SECCO Store served on 10/28/2022, response/answer due 11/18/2022; SKTCC Shoes served on 10/28/2022, response/answer due 11/18/2022; Shoes with Best Wishes served on 10/28/2022, response/answer due 11/18/2022; Shop4967050 Store served on 10/28/2022, response/answer due 11/18/2022; Shop910646010 Store served on 10/28/2022, response/answer due 11/18/2022; Spangle Store served on 10/28/2022, response/answer due 11/18/2022; VAZN GuoQing Store served on 10/28/2022, response/answer due 11/18/2022; VAZN Official Store served on 10/28/2022, response/answer due 11/18/2022; VAZN Sexy Club Third Store served on 10/28/2022, response/answer due 11/18/2022; WuJiang served on 10/28/2022, response/answer due 11/18/2022; Xiao Feng served on 10/28/2022, response/answer due 11/18/2022; Yanxu Shoes served on 10/28/2022, response/answer due 11/18/2022; Yours Best Shop Store served on 10/28/2022, response/answer due 11/18/2022; airretroshoes served on 10/28/2022, response/answer due 11/18/2022; austore served on 10/28/2022, response/answer due 11/18/2022; climatety Store served on 10/28/2022, response/answer due 11/18/2022; dafu01 served on 10/28/2022, response/answer due 11/18/2022; dunks served on 10/28/2022, response/answer due 11/18/2022; factoryshoesseller2 served on 10/28/2022, response/answer due 11/18/2022; golf apparel korea Store served on 10/28/2022, response/answer due 11/18/2022; happylifess served on 10/28/2022, response/answer due 11/18/2022; hfyfirm served on 10/28/2022, response/answer due 11/18/2022; juwanstore served on 10/28/2022, response/answer due 11/18/2022; liancheng02 served on 10/28/2022, response/answer due 11/18/2022; loneshoes served on 10/28/2022, response/answer due 11/18/2022; luxury_men served on 10/28/2022, response/answer due 11/18/2022; mangoesportshoes served on 10/28/2022, response/answer due 11/18/2022; marrisha served on 10/28/2022, response/answer due 11/18/2022; mature_ served on 10/28/2022, response/answer due 11/18/2022; mengqiqi02 served on 10/28/2022, response/answer due 11/18/2022; mimiki served on 10/28/2022, response/answer due 11/18/2022; mrtocs served on 10/28/2022, response/answer due 11/18/2022; popular elements served on 10/28/2022, response/answer due 11/18/2022; qiuti12 served on 10/28/2022, response/answer due 11/18/2022; ronjashoes served on 10/28/2022, response/answer due 11/18/2022; shoptime08 served on 10/28/2022, response/answer due 11/18/2022; simiyr served on 10/28/2022, response/answer due 11/18/2022; strongg served on 10/28/2022, response/answer due 11/18/2022; truecolor_sport served on 10/28/2022, response/answer due 11/18/2022; tshirt99 served on 10/28/2022, response/answer due 11/18/2022; weitehang Store served on 10/28/2022, response/answer due 11/18/2022; wuzhuang served on 10/28/2022, response/answer due 11/18/2022; youly Store served on 10/28/2022, response/answer due 11/18/2022; yuezhixin served on 10/28/2022, response/answer due 11/18/2022.

Affidavit of Service

Affidavit of Service

Plaintiff's MOTION for Clerk's Entry of Default as to Azzzzzz Store Store, BOOGIE Night Store, Basketball 2021 University Blue, Beautiful expectation Store, Binerdan Store, Biu Biu Boom, Brand Slippers Store, Clothes Online Store, Czoismom Official Store, Duzeala Store, Elijoin Dress Store, Erin Collection, Fardress Store, Felyn Boutique 3 Store, FitnessDesert official store Store, Fuyou Store, GOAT Shoes, Gvresh clcthing Store, HHDMV Official Store, Hwanan Store, ICCLEK LUCK Store, JWM Trends, Jiumiao Sports, KSH556 Store, Kyushu, Loved clothes Store, Lovely Shoes, Men Fashion Printing Suit, Menma shoes, ONFINDYSHOES66, One happiness, Orchid_Valley, Rainbirth Happy Sports Store, Rebirth shoes, SECCO Store, SKTCC Shoes, Shoes with Best Wishes, Shop4967050 Store, Shop910646010 Store, Spangle Store, The Individuals, Business Entities, and Unincorporated Associations, VAZN GuoQing Store, VAZN Official Store, VAZN Sexy Club Third Store, WuJiang, Xiao Feng, Yanxu Shoes, Yours Best Shop Store, airretroshoes, austore, climatety Store, dafu01, dunks, factoryshoesseller2, golf apparel korea Store, happylifess, hfyfirm, juwanstore, liancheng02, loneshoes, luxury_men, mangoesportshoes, marrisha, mature_, mengqiqi02, mimiki, mrtocs, popular elements, qiuti12, ronjashoes, shoptime08, simiyr, strongg, truecolor_sport, tshirt99, weitehang Store, wuzhuang, youly Store, yuezhixin 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 The Individuals, Business Entities, and Unincorporated Associations. Granting 34 Motion for Clerk's Entry of Default. Signed by DEPUTY CLERK on 12/22/2022.

Clerk's Notice of Docket Correction re 35 Clerk's Entry/Non-Entry of Default. Correction Other. Find the Image for DE#35 attached to this entry.

ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE: In the meantime, this case shall remain CLOSED. If the Defendants move to set aside the Clerk's default, any party may ask to reopen the case. All pending deadlines are TERMINATED, and any pending motions are DENIED AS MOOT. Signed by Judge Roy K. Altman on 12/27/2022. See attached document for full details.

Plaintiff's MOTION to Approve Consent Judgment of Defendant Number 76 by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 1/24/2023

Text of Proposed Order Consent Final Judgment

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

CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTIONAS TO DEFENDANT NUMBER 76 ; Granting 38 Plaintiff's MOTION to Approve Consent Judgment of Defendant Number 76 filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC., ADIDAS AG. Signed by Judge Roy K. Altman on 1/12/2023. See attached document for full details.

ORDER Granting 39 Plaintiff's MOTION for Default Judgment and Memorandum of Law In Support Thereof filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC., ADIDAS AG. Signed by Judge Roy K. Altman on 1/12/2023. See attached document for full details.

FINAL JUDGMENT: This case shall remain CLOSED. All other deadlines are TERMINATED, and any other pending motions are DENIED as moot. Signed by Judge Roy K. Altman on 1/12/2023. See attached document for full details.