2023-cv-24672

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17135319, filed by Peleg Design Ltd.

Exhibit 1 - Schedule A (Provisionally Filed Under Seal)

Exhibit 2 - Trademark

Exhibit 3 - Copyrights

Exhibit 4 - Patent

Civil Cover Sheet

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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

Exhibit 2

Exhibit 3

(Exhibit 4) (nan)

NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01)

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Peleg Design Ltd.

Plaintiff's MOTION for Leave to File Excess Pages by Peleg Design Ltd.

Text of Proposed Order

Plaintiff's MOTION to Seal per Local Rule 5.4 by Peleg Design Ltd.

Text of Proposed Order

Clerk's Notice to Filer re 5 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet.

PAPERLESS ORDER granting 6 Plaintiff's Motion to Exceed Page Limitation. Plaintiff is granted leave to file its Ex Parte Motion for Temporary Restraining Order, Including a Temporary Injunction, Asset Restraint, and Expedited Discovery in excess of 20 pages. The brief shall not exceed 23 pages. Signed by Judge Darrin P. Gayles (hs01)

PAPERLESS ORDER granting 8 Plaintiff's Motion to File Under Seal. Schedule A to the Plaintiff's Complaint shall be filed under seal and shall remain under seal for two years or until further order from this Court. Signed by Judge Darrin P. Gayles (hs01)

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Peleg Design Ltd. identifying Corporate Parent Shanghai M&G Stationary Inc. for Peleg Design Ltd.

SYSTEM ENTRY - Docket Entry 13 [misc] restricted/sealed until further notice. (1301678) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 14 [motion] restricted/sealed until further notice. (1301678) (Text entry; no document attached.)

PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 176 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" (Defendants) have engaged in trademark infringement and counterfeiting, copyright infringement, and design patent infringement in this district through the use of "numerous fully interactive commercial internet stores operating under the online marketplace accounts. and using the account names identified in Schedule A." [ECF No. 1]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Accordingly, on or before January 30, 2024, Plaintiff shall file a memorandum showing why joinder of the 176 Defendants is proper. Signed by Judge Darrin P. Gayles (hs01)

RESPONSE TO ORDER TO SHOW CAUSE re 15 Order to Show Cause, by Peleg Design Ltd.

Exhibit 1 - Executive Order 13904

Exhibit 2 - Homeland Security Report

(Declaration of Alisha Moriceau and Exhibits 1-3)

Plaintiff's NOTICE of Filing Declaration of Alisha Moriceau in Further Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order RE DE 14 by Peleg Design Ltd.

Declaration of Alisha Moriceau

Exhibit 1

(Exhibit 2)

ORDER Dismissing Case Without Prejudice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

Plaintiff's AMENDED COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A, filed by Peleg Design Ltd.

Exhibit 1

Exhibit 2

Plaintiff's MOTION to Seal per Local Rule 5.4 by Peleg Design Ltd.

Text of Proposed Order

PAPERLESS ORDER granting [20] Motion to Seal. Schedule A to Plaintiff's Amended Complaint shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge Darrin P. Gayles (hs01)

Order (Text entry; no document attached.)

PAPERLESS ORDER DISMISSING Plaintiff's Amended Complaint 19. The Amended Complaint, like the Original Complaint, does not provide an adequate basis for joining these Defendants. Though Plaintiff has dropped the number of Defendants from 176 to 37, the Amended Complaint does not sufficiently allege how Plaintiff's claims against Defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," or that "any question of law or fact common to all defendants will arise in the action." Fed.R.Civ.P. 20(a)(2)(A)(B). Plaintiff simply alleges that Defendant's online marketplaces "bear similarities and indicia of being related to one another" and "share common features." 19. This is not enough to justify the joinder of 37 unrelated Defendants. Indeed, Plaintiff does not even allege that Defendants use the same online market place platforms. As a result, any judicial efficiency from joinder is outweighed by the unwieldy nature of an action with 37 unrelated Defendants. See Omega, SA v. Individuals, Bus. Entities & Unincorporated Assoc. Identified on Schedule "A", 650 F. Supp. 3d at 1352 ("When the defendants are not affiliated with one another, there is no evidentiary overlap in proving liability for the alleged infringement. And one defendant's defenses do not depend on that of an unrelated codefendant."). Plaintiff may file a second amended complaint on or before May 20, 2024. Signed by Judge Darrin P. Gayles (hs01)

Second AMENDED COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A, filed by Peleg Design Ltd.

Exhibit 1

(Exhibit 2)

Plaintiff's MOTION to Seal Schedule A to Second Amended Complaint per Local Rule 5.4 by Peleg Design Ltd.

Text of Proposed Order

PAPERLESS ORDER granting [25] Motion to Seal. Schedule A to Plaintiff's Second Amended Complaint shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge Darrin P. Gayles on 10/16/2024. (hs01)

Order (Text entry; no document attached.)

NOTICE of Filing Proposed Summons(es) in Compliance with the Court's Sealed Order Granting Renewed Ex Parte Application for Entry of Temporary Restraining Order [DE 30] by Peleg Design Ltd.

Summon(s)

Summons Issued as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A.

NOTICE of Attorney Appearance by Leigh Benjamin Salomon on behalf of Peleg Design Ltd. Attorney Leigh Benjamin Salomon added to party Peleg Design Ltd.(pty:pla).

NOTICE of Posting Bond by Peleg Design Ltd.

Receipt for $5,000.00

Summons (Affidavit) Returned Executed

MOTION to Unseal Case by Peleg Design Ltd. Responses due by 11/20/2024.

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): Bishop, Fangbaihui technology Co.ltd, LIFUS, MEZEEXBNK Co. Ltd and Nouuno.

PAPERLESS ORDER granting [37] Plaintiff's Motion to Unseal Case. The Clerk is directed to unseal all docket entries in this case and return those portions of the file to the public records. Signed by Judge Darrin P. Gayles on 11/6/2024. (hs01)

NOTICE of Filing Proposed Order on Plaintiff's Motion for Preliminary Injunction by Peleg Design Ltd.

Text of Proposed Order

ORDER granting [26] Plaintiff's Motion for Preliminary Injunction. Signed by Judge Darrin P. Gayles on 11/8/2024. See attached document for full details. (hs01)

NOTICE of Voluntary Dismissal as to Certain Defendant Only by Peleg Design Ltd.

Plaintiff's MOTION for Clerk's Entry of Default as to Bishop, Fangbaihui technology Co.ltd, LIFUS, Nouuno by Peleg Design Ltd.

Affidavit Declaration of Nicole Fundora ISO Request for Entry of Clerk's De

Clerk's Entry of Default as to Bishop, Fangbaihui technology Co.ltd, LIFUS, Nouuno - Motions Terminated: [43] Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 1/27/2025.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Peleg Design Ltd.

Affidavit Declaration of Nicole Fundora ISO Motion for Entry of Final Default Ju

Text of Proposed Order

Text of Proposed Order

ORDER granting [45] Plaintiff's Motion for Entry of Final Default Judgment. Signed by Judge Darrin P. Gayles on 7/21/2025. See attached document for full details. (hs01)

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Darrin P. Gayles on 7/21/2025. See attached document for full details. (hs01)

Plaintiff's MOTION for Disbursement of Funds Return of Bond by Peleg Design Ltd.

Text of Proposed Order