2022-cv-62215

COMPLAINT against The Partnerships and Unincorporated Associations Identified On Schedule A. Filing fees $ 402.00 receipt number BFLSDC-16125596, filed by Shenzhenjiermaoyiyouxiangongsi, A Chinese Corporation.

Exhibit One: Registration

Exhibit Two

Exhibit Three

Exhibit Four

(Civil Cover Sheet)

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 Alicia O. Valle 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) (aao)

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 11/28/2022.

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 11/28/2022.

Order Requiring Joint Scheduling Report. Signed by Judge Raag Singhal on 11/28/2022. See attached document for full details.

Corporate Disclosure Statement by Shenzhenjiermaoyiyouxiangongsi

MOTION to Seal per Local Rule 5.4 by Shenzhenjiermaoyiyouxiangongsi.

NOTICE by Shenzhenjiermaoyiyouxiangongsi of Filing Proposed Order on Plaintiff's Motion to File Under Seal (DE 8)

NOTICE of Attorney Appearance by Lydia R Pittaway on behalf of Shenzhenjiermaoyiyouxiangongsi

PAPERLESS ORDER granting 8 Plaintiff's Ex Parte Motion to Seal. The Plaintiff may file its Schedule A under seal temporarily while it serves the Defendants. Within seven (7) days of completing service, the Plaintiff must (1) move to unseal Schedule A and (2) add all of the Defendants as parties through CM-ECF. Signed by Judge Raag Singhal on 1/5/2023.

NOTICE of Filing Schedule A by Shenzhenjiermaoyiyouxiangongsi. Modified text on 1/20/2023 (kpe). Modified by Unsealing document pursuant to DE 33 Order on 5/5/2023

DECLARATION Of Hong Mei Wang In Support Of Plaintiff's Ex Parte Application For Entry Of A Temporary Restraining Order, Including A Temporary Injunction And A Temporary Asset Restraint by Shenzhenjiermaoyiyouxiangongsi.

Exhibit One: Registration

Exhibit Two: Schedule A

Exhibit Three: Screenshot Evidence

Exhibit Four: Price Comparison Chart) Modified text on 1/20/2023 (kpe). Modified by Unsealing document pursuant to DE

Order on 5/5/2023 (kpe)

EX PARTE APPLICATION For Entry Of A Temporary Restraining Order, Including A Temporary Injunction And A Temporary Asset Restraint And Incorporated Memorandum Of Law by Shenzhenjiermaoyiyouxiangongsi.

Exhibit One: Declaration of L. Pittaway

Text of Proposed Order Proposed order) Modified text on 1/20/2023 (kpe). Modified by Unsealing document pursuant to DE

Order on 5/5/2023 (kpe)

SEALED MOTION FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) by Shenzhenjiermaoyiyouxiangongsi.

Text of Proposed Order Proposed Order) Modified by Unsealing document pursuant to DE

Order on 5/5/2023 (kpe)

SEALED MOTION FOR LEAVE TO CONDUCT EXPEDITED THIRD-PARTY DISCOVERY AND MEMORANDUM OF LAW by Shenzhenjiermaoyiyouxiangongsi.

Text of Proposed Order Proposed Order) Modified by Unsealing document pursuant to DE

Order on 5/5/2023 (kpe)

ORDER granting 14 Ex Parte Application For Entry Of Temporary Restraining Order And Setting Hearing. Motion Hearing set for 4/6/2023 04:00 PM in Fort Lauderdale Division before Judge Raag Singhal. Responses due by 3/31/2023. Replies due by 4/3/2023. Signed by Judge Raag Singhal on 3/23/2023. See attached document for full details. (kpe) Modified by Unsealing document pursuant to DE 33 Order on 5/5/2023

Clerks Receipt for Treasury Registry received on 3/24/2023 in the amount of $ 5,000.00, receipt number 3174

ORDER granting 15 Sealed Motion for Electronic Service of Process on Pursuant to Fed. R. Civ. P. 4(f)(3). Signed by Judge Raag Singhal on 3/24/2023. See attached document for full details. (pes) Modified by Unsealing document pursuant to DE 33 Order on 5/5/2023

ORDER granting 16 Sealed Motion for Leave to Conduct Expedited Third-Party Discovery and Memorandum of Law. Signed by Judge Raag Singhal on 3/24/2023. See attached document for full details. (pes) Modified by Unsealing document pursuant to DE 33 Order on 5/5/2023

ORDER RESCHEDULING TELEPHONIC HEARING re 17 Order on Sealed Motion. Telephonic Hearing Re: Motions set for 4/6/2023 04:45 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 3/28/2023. See attached document for full details. (amb) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified by Unsealing document pursuant to DE 33 Order on 5/5/2023

MOTION for Temporary Restraining Order Extension of Fourteen (14) Days by Shenzhenjiermaoyiyouxiangongsi. Responses due by 4/12/2023

(Text of Proposed Order)

ORDER granting 22 Motion for Temporary Restraining Order. Preliminary Injunction Telephonic Hearing rescheduled for 5/3/2023 04:00 PM in Fort Lauderdale Division before Judge Raag Singhal. Signed by Judge Raag Singhal on 4/6/2023. See attached document for full details. (amb) Text Modified on 4/7/2023 (amb). Modified by Unsealing document pursuant to DE 33 Order on 5/5/2023

NOTICE of Filing Proposed Summons(es) by Shenzhenjiermaoyiyouxiangongsi

MOTION for Preliminary Injunction by Shenzhenjiermaoyiyouxiangongsi.

(Text of Proposed Order)

Summons Issued as to The Partnerships and Unincorporated Associations Identified On Schedule A.

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shenzhenjiermaoyiyouxiangongsi. Ahaos served on 4/14/2023, response/answer due 5/5/2023; Arogan served on 4/14/2023, response/answer due 5/5/2023; Cat served on 4/14/2023, response/answer due 5/5/2023; Crocodile served on 4/14/2023, response/answer due 5/5/2023; CXHDZ served on 4/14/2023, response/answer due 5/5/2023; DANCEGIFTS served on 4/14/2023, response/answer due 5/5/2023; Eagle served on 4/14/2023, response/answer due 5/5/2023; Fox served on 4/14/2023, response/answer due 5/5/2023; GREATGOODS served on 4/14/2023, response/answer due 5/5/2023; Guangzhoushi Liweige fushiyouxiangongsi served on 4/14/2023, response/answer due 5/5/2023; GuangZhouXiaoYuWangLuoYouXianGongSi served on 4/14/2023, response/answer due 5/5/2023; Haijiaerte served on 4/14/2023, response/answer due 5/5/2023; Hejing served on 4/14/2023, response/answer due 5/5/2023; HXZH served on 4/14/2023, response/answer due 5/5/2023; Jiaqi US served on 4/14/2023, response/answer due 5/5/2023; JINGDONG served on 4/14/2023, response/answer due 5/5/2023; jinhuashilongmandeqidianzishangwuyouxiangongsi served on 4/14/2023, response/answer due 5/5/2023; jiujiangshiyuankangdianzishangwuyouxiangongsi served on 4/14/2023, response/answer due 5/5/2023; Kakidly served on 4/14/2023, response/answer due 5/5/2023; Kilkwhell served on 4/14/2023, response/answer due 5/5/2023; KONFA U.S served on 4/14/2023, response/answer due 5/5/2023; LIANYAO served on 4/14/2023, response/answer due 5/5/2023; LUNE served on 4/14/2023, response/answer due 5/5/2023; PINDUODUO served on 4/14/2023, response/answer due 5/5/2023; qingdaominganranguojimaoyiyouxiangongsi served on 4/14/2023, response/answer due 5/5/2023; shen zhen shi xiao mei sen shi pin you xian gong si served on 4/14/2023, response/answer due 5/5/2023; shenzhenshi renguangfamaoyi youxiangongsi served on 4/14/2023, response/answer due 5/5/2023; shenzhenshidashengyongyumaoyiyouxiangongsi served on 4/14/2023, response/answer due 5/5/2023; shenzhenshiqishunkejiyouxiangongsI served on 4/14/2023, response/answer due 5/5/2023; TAOBAO served on 4/14/2023, response/answer due 5/5/2023; Un Poco Loco served on 4/14/2023, response/answer due 5/5/2023; Walmartname served on 4/14/2023, response/answer due 5/5/2023; Wanchen served on 4/14/2023, response/answer due 5/5/2023; Wannabuy served on 4/14/2023, response/answer due 5/5/2023; XIEOO served on 4/14/2023, response/answer due 5/5/2023; YG.LLC served on 4/14/2023, response/answer due 5/5/2023.

CERTIFICATE OF SERVICE by Shenzhenjiermaoyiyouxiangongsi

MOTION to Unseal by Shenzhenjiermaoyiyouxiangongsi.

(Text of Proposed Order) Modified Motion Relief on 4/18/2023 (pcs)

CERTIFICATE OF SERVICE by Shenzhenjiermaoyiyouxiangongsi

PAPERLESS Minute Entry and MINUTE ORDER for proceedings held before Judge Raag Singhal: Motion Hearing held on 5/3/2023 re 25 MOTION for Preliminary Injunction and 14 SEALED MOTION for Temporary Restraining Order. Total time in court: 15 minutes. Attorney Appearance(s): Lydia R Pittaway, Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov.

ORDER granting 25 Motion for Entry of a Preliminary Injunction. Signed by Judge Raag Singhal on 5/5/2023. See attached document for full details.

ORDER granting 29 Motion to Unseal Filings. The Clerk of Court is DIRECTED to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge Raag Singhal on 5/5/2023. See attached document for full details.

CLERK'S NOTICE of Compliance by unsealing docket entries pursuant to DE 33 Order.

CERTIFICATE OF SERVICE by Shenzhenjiermaoyiyouxiangongsi

MOTION for Clerk's Entry of Default as to Ahaos, Arogan, CXHDZ, Cat, Crocodile, DANCEGIFTS, Eagle, Fox, GREATGOODS, GuangZhouXiaoYuWangLuoYouXianGongSi, Guangzhoushi Liweige fushiyouxiangongsi, HXZH, Haijiaerte, Hejing, JINGDONG, Jiaqi US, KONFA U.S, Kakidly, Kilkwhell, LIANYAO, LUNE, PINDUODUO, TAOBAO, Un Poco Loco, Walmartname, Wanchen, Wannabuy, XIEOO, YG.LLC, jinhuashilongmandeqidianzishangwuyouxiangongsi, jiujiangshiyuankangdianzishangwuyouxiangongsi, qingdaominganranguojimaoyiyouxiangongsi, shen zhen shi xiao mei sen shi pin you xian gong si, shenzhenshi renguangfamaoyi youxiangongsi, shenzhenshidashengyongyumaoyiyouxiangongsi, shenzhenshiqishunkejiyouxiangongsI by Shenzhenjiermaoyiyouxiangongsi.

Clerk's Entry of Default as to Ahaos, Arogan, CXHDZ, Cat, Crocodile, DANCEGIFTS, Eagle, Fox, GREATGOODS, GuangZhouXiaoYuWangLuoYouXianGongSi, Guangzhoushi Liweige fushiyouxiangongsi, HXZH, Haijiaerte, Hejing, JINGDONG, Jiaqi US, KONFA U.S, Kakidly, Kilkwhell, LIANYAO, LUNE, PINDUODUO, TAOBAO, Un Poco Loco, Walmartname, Wanchen, Wannabuy, XIEOO, YG.LLC, jinhuashilongmandeqidianzishangwuyouxiangongsi, jiujiangshiyuankangdianzishangwuyouxiangongsi, qingdaominganranguojimaoyiyouxiangongsi, shen zhen shi xiao mei sen shi pin you xian gong si, shenzhenshi renguangfamaoyi youxiangongsi, shenzhenshidashengyongyumaoyiyouxiangongsi, shenzhenshiqishunkejiyouxiangongsI - Motions Terminated: 36 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 5/10/2023.

MOTION for Default Judgment as to Defendant Nos. 1, 3-35 by Shenzhenjiermaoyiyouxiangongsi.

Exhibit One: Declaration of L. Pittaway

Text of Proposed Order for Entry of Final Judgment by Default

(Text of Proposed Order for Final Default Judgment and Permanent Injunction)

NOTICE of Voluntary Dismissal as to Def. (No. 2) Arogan by Shenzhenjiermaoyiyouxiangongsi

(Text of Proposed Order)

CERTIFICATE OF SERVICE by Shenzhenjiermaoyiyouxiangongsi re 38 MOTION for Default Judgment as to Defendant Nos. 1, 3-35

ORDER DISMISSING WITH PREJUDICE DEFENDANT NUMBER 2, AROGAN. Signed by Judge Raag Singhal on 5/26/2023. See attached document for full details.

Defendant's NOTICE by The Partnerships and Unincorporated Associations Identified On Schedule A re 1 Complaint. Attorney Trelvis Deneuois Randolph added to party The Partnerships and Unincorporated Associations Identified On Schedule A(pty:dft).

NOTICE of Voluntary Dismissal of Defendant (20) Kilkwhell by Shenzhenjiermaoyiyouxiangongsi

(Text of Proposed Order)

Agreed MOTION to Approve Consent Judgment AS TO DEF. (18) JIUJIANGSHIYUANKANGDIANZISHANGWUYOUXIANGONGSI by Shenzhenjiermaoyiyouxiangongsi. Responses due by 7/5/2023

Text of Proposed Order

(Exhibit Statement of Consent)

Agreed MOTION to Approve Consent Judgment as to Defendant No. (29) shenzhenshiqishunkejiyouxian; Def. No. (25) qingdaominganranguojimaoyi youxiangongsi; and Def. No. (32) walmartname by Shenzhenjiermaoyiyouxiangongsi. Responses due by 7/7/2023

Exhibit Statement of Consent as to Def. (25) qingdaominganranguojimaoyiyouxiangongsi

Exhibit Statement of Consent as to Def. (29) shenzhenshiqishunkejiyouxiangongsI

Exhibit Statement of Consent as to Def. 32 (Walmartname)

(Text of Proposed Order)

ORDER DISMISSING WITH PREJUDICE Defendant Number 20 - Kilkwhell. Signed by Judge Raag Singhal on 6/26/2023. See attached document for full details.

CONSENT JUDGMENT AND PERMANENT INJUNCTION AS TO DEF. NO. (29) SHENZHENSHIQISHUNKEJIYOUXIAN; DEF. NO. (25) QINGDAOMINGANRANGUOJIMAOYI YOUXIANGONGSI; AND DEF. NO. (32) WALMARTNAME. ORDER Granting 45 Motion to Approve Consent Judgment. Signed by Judge Raag Singhal on 8/10/2023. See attached document for full details.

MOTION to Withdraw as Attorney by Trelvis D. Randolph for / by GuangZhouXiaoYuWangLuoYouXianGongSi. Attorney Trelvis Deneuois Randolph added to party GuangZhouXiaoYuWangLuoYouXianGongSi(pty:dft). Responses due by 9/12/2023

ORDER granting 48 Motion to Withdraw as Attorney. Trelvis Deneuois Randolph representing GuangZhouXiaoYuWangLuoYouXianGongSi (Defendant) withdrawn from case. Signed by Judge Raag Singhal on 9/5/2023. See attached document for full details.

NOTICE of Voluntary Dismissal as to Defendant (No. 6) DANCEGIFTS by Shenzhenjiermaoyiyouxiangongsi

(Text of Proposed Order)

ORDER: re 50 Notice of Voluntary Dismissal. Accordingly, it is hereby ORDERED AND ADJUDGED that this cause stands DISMISSED WITHOUT PREJUDICE as to Defendant (No. 6) DANCEGIFTS, with each side to bear its own costs and attorney's fees. Signed by Judge Raag Singhal on 3/20/2024. See attached document for full details.

CONSENT JUDGMENT AND PERMANENT INJUNCTION AS TO DEF. (18) JIUJIANGSHIYUANKANGDIANZISHANGWUYOUXIANGONGSI: Accordingly, it is hereby ORDERED AND ADJUDGED that: Plaintiff's Motion for Entry of Consent Final Judgment and Permanent Injunction as to Defendant (DE 44) is GRANTED. This Court will retain continuing jurisdiction over this cause to enforce the terms of this otherwise competing unfairly with Plaintiff in any manner. Signed by Judge Raag Singhal on 3/20/2024. See attached document for full details.

ORDER GRANTING 38 MOTION FOR FINAL DEFAULT JUDGMENT: Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiff's Default Judgment Motion (DE 38) is GRANTED. In accordance with Federal Rule of Civil Procedure 58, final judgment for Plaintiff will be entered separately. Signed by Judge Raag Singhal on 3/20/2024. See attached document for full details.

DEFAULT FINAL JUDGMENT AND PERMANENT INJUNCTION: re 53 Order granting Plaintiff's Motion for Entry of Final Default Judgment Against Defendants. JUDGMENT in favor of Shenzhenjiermaoyiyouxiangongsi and against Ahaos, CXHDZ, Cat, Crocodile, Eagle, Fox, GREATGOODS, GuangZhouXiaoYuWangLuoYouXianGongSi, Guangzhoushi Liweige fushiyouxiangongsi, HXZH, Haijiaerte, Hejing, JINGDONG, Jiaqi US, KONFA U.S, Kakidly, LIANYAO, LUNE, PINDUODUO, TAOBAO, Un Poco Loco, Wanchen, Wannabuy, XIEOO, shen zhen shi xiao mei sen shi pin you xian gong si, shenzhenshi renguangfamaoyi youxiangongsi, and shenzhenshidashengyongyumaoyiyouxiangongsi. Signed by Judge Raag Singhal on 3/20/2024. See attached document for full details.

CERTIFICATE OF SERVICE by Shenzhenjiermaoyiyouxiangongsi

NOTICE of Voluntary Dismissal as to Defendant (36) YG.LLC by Shenzhenjiermaoyiyouxiangongsi

(Text of Proposed Order)

ORDER: re 56 Notice of Voluntary Dismissal. Accordingly, it is herebyORDERED AND ADJUDGED that this cause stands DISMISSED WITHOUT PREJUDICE, with each side to bear its own costs and attorney's fees. The Clerk is directed to CLOSE this case and any pending motions are DENIED AS MOOT. Closing Case. (Without Prejudice) Signed by Judge Raag Singhal on 3/28/2024. See attached document for full details.

MOTION for Bond by Shenzhenjiermaoyiyouxiangongsi. Responses due by 4/11/2024.

ORDER ON PLAINTIFF'S MOTION FOR RELEASE OF INJUNCTION BOND: Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Release of Injunction Bond (DE 58) is GRANTED. The injunction bond posted on March 24, 2023 (DE 18) in the amount of $5,000 shall be payable to Pittaway Law P.L.L.C. Signed by Judge Raag Singhal on 7/11/2024. See attached document for full details.

MOTION to Amend/Correct 59 Order on Motion for Bond, by Shenzhenjiermaoyiyouxiangongsi. Responses due by 8/22/2024.

(Text of Proposed Order)

ORDER ON PLAINTIFF'S MOTION TO AMEND ORDER TO RELEASE OF INJUNCTION BOND: Plaintiff's Motion to Amend Order to Release Injunction Bond (DE 60) is GRANTED. The Order to Release Injunction Bond (DE 59) is amended such that the injunction bond posted on March 24, 2023 (DE 18) in the amount of $5,000, and any accrued interest, shall be payable to Pittaway Law P.L.L.C. Signed by Judge Raag Singhal on 10/7/2024. See attached document for full details.

SATISFACTION OF JUDGMENT as to Def. (No. 18) jiujiangshiyuankangdianzishangwuyouxiangongsi by Shenzhenjiermaoyiyouxiangongsi