2023-cv-62185

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17081108, 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 Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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 with Logs

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.

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

ORDER granting [DE 5] Plaintiffs' Motion to Seal. Signed by Judge Rodney Smith on 11/22/2023. See attached document for full details.

Notice of Ninety Days Expiring by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V.

Order (Text entry; no document attached.)

NOTICE OF CONVENTIONALLY FILING BOND: BOND on Injunction in the amount of $10,000.00 posted by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. Approved by DEPUTY CLERK on 4/19/2024.

Order (Text entry; no document attached.)

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

Exhibit certificate of service

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [10] Notice of Ninety Days Expiring, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [2] Clerks Notice of Judge Assignment, [13] Bond, [6] Order on Motion to Seal, [1] Complaint, [3] Form AO 120/121, [4] Certificate of Other Affiliates/Corporate Disclosure Statement upon Defendants via website posting

Plaintiff's MOTION to Unseal Case by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. Responses due by 5/13/2024.

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): adidas-originalssuperstar.us.com, homeshsportos.shop, cheapsneaker.club, enjoyraces.com, fivefingersshoes.us, flightkickz.club, giftexpress.store, localityi.com, lxsneakers.com, mediumspots.com, oneshop2.top, t-shirtat.com, usbestyle.com, yajerseyclub.com and kickzac.com.

Plaintiff's NOTICE of E-Mail Inquiry Received from a Certain Defendant by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V.

Exhibit 1 to the Notice of E-mail Inquiry

PAPERLESS Minute Entry for proceedings held before Judge Rodney Smith: Motion Hearing held on 4/30/2024, 11AM-11:05AM re 8 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 MOTION for Preliminary Injunction filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC., ADIDAS AG. Motion granted, order to follow. Attorney Appearance(s): Virgilio Gigante, Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov.

ORDER Granting [8] Plaintiff's MOTION for Entry of Preliminary Injunction filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC., ADIDAS AG. Signed by Judge Rodney Smith on 4/30/2024. See attached document for full details.

ORDER Granting [18] Motion to Unseal Case. The Clerk shall UNSEAL all docket entries in this case. Signed by Judge Rodney Smith on 4/30/2024. See attached document for full details.

NOTICE of Compliance re 23 Order on Motion to Unseal Case. All entries in this case have been unsealed per DE#23.

SUMMONS (Affidavit) Returned Executed on [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. cheapsneaker.club served on 4/23/2024, response/answer due 5/14/2024; enjoyraces.com served on 4/23/2024, response/answer due 5/14/2024; fivefingersshoes.us served on 4/23/2024, response/answer due 5/14/2024; flightkickz.club served on 4/23/2024, response/answer due 5/14/2024; giftexpress.store served on 4/23/2024, response/answer due 5/14/2024; homeshsportos.shop served on 4/23/2024, response/answer due 5/14/2024; kickzac.com served on 4/23/2024, response/answer due 5/14/2024; localityi.com served on 4/23/2024, response/answer due 5/14/2024; lxsneakers.com served on 4/23/2024, response/answer due 5/14/2024; mediumspots.com served on 4/23/2024, response/answer due 5/14/2024; oneshop2.top served on 4/23/2024, response/answer due 5/14/2024; t-shirtat.com served on 4/23/2024, response/answer due 5/14/2024; usbestyle.com served on 4/23/2024, response/answer due 5/14/2024; yajerseyclub.com served on 4/23/2024, response/answer due 5/14/2024.

Affidavit of Service

Affidavit of Service

Plaintiff's NOTICE upon Defendants via Electronic Mail by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [22] Order, Terminate Motions

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. re [22] Order, Terminate Motions, upon Defendants via website posting

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, cheapsneaker.club, enjoyraces.com, fivefingersshoes.us, flightkickz.club, giftexpress.store, homeshsportos.shop, kickzac.com, localityi.com, lxsneakers.com, mediumspots.com, oneshop2.top, t-shirtat.com, usbestyle.com, yajerseyclub.com 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 DEFAULT ENTRY - Granting [28] Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, cheapsneaker.club, enjoyraces.com, fivefingersshoes.us, flightkickz.club, giftexpress.st filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC., ADIDAS AG, Motions terminated: [28] Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, cheapsneaker.club, enjoyraces.com, fivefingersshoes.us, flightkickz.club, giftexpress.st filed by ADIDAS INTERNATIONAL MARKETING B.V., ADIDAS AMERICA, INC., ADIDAS AG. Signed by DEPUTY CLERK on 5/16/2024. See attached document for full details.

NOTICE of Voluntary Dismissal of Defendant Number 1 by ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V.

Text of Proposed Order

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 Mia Nidia Gutierrez in Support Thereof

Exhibit 1 to the Declaration of Mia Nidia Gutierrez

Declaration of Virgilio Gigante in Support Thereof

ORDER DISMISSING DEFENDANT NUMBER 1: re [30] Notice of Voluntary Dismissal. It is hereby, ORDERED that Defendant adidas-originalssuperstar.us.com (Defendant Number 1) is DISMISSED WITHOUT PREJUDICE. This case remains open and pending as to the remaining Defendants. (Without Prejudice) Signed by Judge Rodney Smith on 6/3/2024. See attached document for full details.

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anthony H. Son. Filing Fee $ 200.00 Receipt # AFLSDC-17578768 by mediumspots.com, locality.com. Attorney Darren Adam Heitner added to party mediumspots.com(pty:dft), Attorney Darren Adam Heitner added to party locality.com(pty:dft). Responses due by 6/18/2024.

PAPERLESS ORDER granting 33 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Anthony H. Son, Esq. Signed by Judge Rodney Smith on 6/4/2024. (kv00)

ORDER GRANTING MOTION FOR DEFAULT FINAL JUDGMENT: Plaintiffs' Motion for Entry of Final Default Judgment Against Defendants [DE [31]] is GRANTED. In accordance with Federal Rule of Civil Procedure 58, a separate final judgment will be entered. This case is CLOSED. Closing Case. Signed by Judge Rodney Smith on 6/24/2024. See attached document for full details.

DEFAULT FINAL JUDGMENT AND PERMANENT INJUNCTION: re [33] Order Granting Motion for Final Default Judgment. JUDGMENT in favor of ADIDAS AG, ADIDAS AMERICA, INC., ADIDAS INTERNATIONAL MARKETING B.V. and against The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, adidas-originalssuperstar.us.com, cheapsneaker.club, enjoyraces.com, fivefingersshoes.us, flightkickz.club, giftexpress.store, homeshsportos.shop, kickzac.com, locality.com, localityi.com, lxsneakers.com, mediumspots.com, oneshop2.top, t-shirtat.com, usbestyle.com, yajerseyclub.com Signed by Judge Rodney Smith on 6/24/2024. See attached document for full details.

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

Default Judgment Order

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jacob Y. Chen. Filing Fee $ 200.00 Receipt # AFLSDC-17961295 by locality.com, mediumspots.com. Responses due by 11/19/2024.

Text of Proposed Order

PAPERLESS ORDER granting 38 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jacob Y. Chen. Signed by Judge Rodney Smith on 11/5/2024. (kv00)

MOTION to Set Aside Judgment (Default) by localityi.com, mediumspots.com. Attorney Darren Adam Heitner added to party localityi.com(pty:dft).

Exhibit A

Affidavit

Affidavit

Affidavit

Unopposed MOTION for Extension of Time to File Response re [40] MOTION to Set Aside Judgment (Default) by ADIDAS AG, ADIDAS AMERICA, INC., Adidas International Marketing B.V. Responses due by 12/3/2024.

Text of Proposed Order

PAPERLESS ORDER granting 41 Motion for Extension of Time. Plaintiffs shall file their response to Defendants' Motion to Set Aside Default Judgment by December 11, 2024. Signed by Judge Rodney Smith on 11/20/2024. (kv00)

RESPONSE in Opposition re [40] MOTION to Set Aside Judgment (Default) filed by ADIDAS AG, ADIDAS AMERICA, INC., Adidas International Marketing B.V. Replies due by 12/18/2024.

Declaration of Stephen M. Gaffigan in Support Thereof

REPLY to Response to Motion re [40] MOTION to Set Aside Judgment (Default) filed by localityi.com, mediumspots.com.

ORDER denying [40] MOTION to Set Aside Judgment (Default). Signed by Judge Rodney Smith on 6/30/2025. See attached document for full details.

Notice of Appeal as to [45] Order on Motion to Set Aside Judgment by localityi.com, mediumspots.com. Filing fee $ 605.00 receipt number AFLSDC-18658928. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms.

Transmission of Notice of Appeal, Orders and Judgment under appeal, and Docket Sheet to US Court of Appeals re [46] Notice of Appeal. Notice has been electronically mailed. (Text entry; no document attached.)

Clerk's Notice to Filer re 46 Notice of Appeal. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document.

Transmission of Notice of Appeal, Orders and Judgment under appeal, and Docket Sheet to US Court of Appeals re [46] Notice of Appeal. Notice has been electronically mailed. (Text entry; no document attached.)

Acknowledgment of Receipt of NOA from USCA re [46] Notice of Appeal, filed by mediumspots.com, localityi.com. Date received by USCA: 07/30/2025. USCA Case Number: 25-12597-H.

TRANSCRIPT ORDER FORM filed by localityi.com, mediumspots.com re [46] Notice of Appeal, filed by mediumspots.com, localityi.com. No Transcript Requested.

Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: [46] Notice of Appeal, Appeal No. 25-12597-HH. The entire record on appeal is available electronically.

Transmitted Electronic Record on Appeal to US Court of Appeals re [46] Notice of Appeal. USCA 25-12597-HH