2024-cv-20037

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17188733, filed by GoPro, Inc.

Exhibit 1 to Complaint (Copyright)

Exhibit 2 to Complaint (Trademark)

Civil Cover Sheet

Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Eduardo I. Sanchez 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) (rbe)

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by GoPro, Inc.

SYSTEM ENTRY - Docket Entry 5 [motion] restricted/sealed until further notice. (1811244) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (1811244) (Text entry; no document attached.)

Plaintiff's MOTION to Seal per Local Rule 5.4 by GoPro, Inc.

(Text of Proposed Order)

Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher Tom. Filing Fee $ 200.00 Receipt # AFLSDC-17205944 by GoPro, Inc. Responses due by 1/25/2024.

Certification

(Text of Proposed Order)

PAPERLESS ORDER GRANTING [7] Plaintiff's Motion to File Under Seal. On or before Friday, January 19, 2024, Plaintiff may file its Schedule A and its proposed summonses under seal pending service and this Courts resolution of Plaintiffs requests for ex parte relief. Within seven days of this Courts ruling on Plaintiff's requests for ex parte relief, Plaintiff must (1) move to unseal Schedule A and (2) add all Defendants as parties through CM/ECF. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case for statistical purposes pending service on Defendants. This shall not affect the Parties substantive rights. Signed by Judge Jose E. Martinez on 1/17/2024.

PAPERLESS ORDER granting [8] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher Tom. Signed by Judge Jose E. Martinez on 1/17/2024.

Civil Case Terminated per DE [9]. Closing Case. (Text entry; no document attached.)

PAPERLESS ORDER ORDER Vacating 10 this Court's Order granting 8 Motion to Appear Pro Hac Vice. Signed by Judge Jose E. Martinez on 1/18/2024.

SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (1811244) (Text entry; no document attached.)

NOTICE of Filing Proposed Summons(es) by GoPro, Inc. re 9 Order on Motion to Seal

(Proposed Summons)

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

ORDER DENYING MOTION TO APPEAR PRO HAC VICE, denying 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher Tom of Attorney Christopher Tom representing GoPro, Inc. (Plaintiff) Notice of Termination delivered by US Mail to Christopher Tom. Signed by Judge Jose E. Martinez on 1/18/2024. See attached document for full details.

Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher Tom. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See [8] Motion to Appear Pro Hac Vice, by GoPro, Inc. Responses due by 5/14/2024.

SYSTEM ENTRY - Docket Entry 17 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 18 [order] restricted/sealed until further notice. (Text entry; no document attached.)

Certification of Christopher Tom

Certificate of Good Standing - Christopher Tom

Text of Proposed Order

PAPERLESS ORDER granting [16] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher Tom. Signed by Judge Jose E. Martinez on 5/30/2024.

MOTION to Extend Ex Parte Temporary Restraining Order by GoPro, Inc.

Declaration of Rossana Baeza

Text of Proposed Order

PAPERLESS ORDER granting 20 Motion to Extend TRO. The TRO shall now expire on June 20, 2024. Signed by Judge Jose E. Martinez on 5/31/2024.

Clerks Receipt Posting Bond per order of the court (DE#17) received on 6/7/2024 in the amount of $ 5,000.00, receipt number FLS287712.

NOTICE OF POSTING BOND by GoPro, Inc. re 22 Clerk's Receipt.

Plaintiff's MOTION to Schedule Preliminary Injunction Hearing by GoPro, Inc.

Declaration of Rossana Baeza

Text of Proposed Order

Clerk's Notice to Filer re 24 Plaintiff's MOTION to Schedule Preliminary Injunction Hearing. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs.

NOTICE of Voluntary Dismissal of Defendant Nos. 68 (RuiFang), 78 (YongHengTongXin), and 100 (photographyhappyyou) by GoPro, Inc.

CERTIFICATE OF SERVICE by GoPro, Inc.

Clerk's Notice to Filer re [27] Certificate of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Summons (Affidavit) Returned Executed; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must refile the document using the correct event.

SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by GoPro, Inc. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A served on 6/17/2024, response/answer due 7/8/2024.

Plaintiff's NOTICE of Filing Proposed Preliminary Injunction by GoPro, Inc.

Proposed Preliminary Injunction

NOTICE of Voluntary Dismissal of Defendant No. 63 (Kaiess) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 84 (cindy089809) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 119 (Mandy Fashion Life Store) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant Nos. 69 (Sametop), 87 (elec2253), 96 (luckstar2016), 97 (mfshippinglabels2018), and 109 (Taisioner) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant Nos. 103 (up-001), 115 (Encorsder Official Store), and 122 (Melordy) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 83 (brightstar_2021) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant Nos. 56 (Alchen), 101 (Rabwellplc), and 118 (JiAYO Electronic Technology Co.) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant Nos. 71 (sven11), 72 (TaisionerUS), and 107 (yunlaza) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant Nos. 64 (Kumu World), 66 (MEKNIC US), 70 (SHQ Global), 110 (Yumore), and 130 (Zzz Store) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 85 (cyl18950063) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 59 (GAOPOLO) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 73 (Tuojin817) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant Nos. 41 (herocamera Store), 113 (Aoonar), 114 (candywu), 124 (skyfee), and 126 (Tianyi) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Certain Defendants Only by GoPro, Inc.

NOTICE of Voluntary Dismissal of Certain Defendants Nos. 60 (Godlandfly) and 77 (Yakuri&Besvalo) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 79 (Zeadio) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 38 (Erilles 3C High Quality Store Store) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 89 (frenight) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 102 (Talance Official Store) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 57 (FALCAM Direct) by GoPro, Inc.

SYSTEM ENTRY - Docket Entry 51 [order] restricted/sealed until further notice. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal of Defendant Nos. 9 (Shenzhen Ausek Technology Co., Ltd.) and 11 (Shenzhen Chuangshitong Electronic Technology Co., Ltd.) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 111 (Camerasmall) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 75 (Vemico US) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 74 (ULANZI Select) by GoPro, Inc.

NOTICE of Voluntary Dismissal of Defendant No. 76 (VRIG Direct) by GoPro, Inc.

Plaintiff's MOTION for Clerk's Entry of Default as to GoPro, Inc. by GoPro, Inc.

Declaration of Rossana Baeza

PAPERLESS ORDER by Clerk of Entry of Default re 57 Motion for Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Signed by DEPUTY CLERK on 9/24/2024. See attached document for full details.

Plaintiff's MOTION for Default Judgment by GoPro, Inc.

Declaration of Christopher Tom

Exhibit 1 (Part 1 of 4)

Exhibit 1 (Part 2 of 4)

Exhibit 1 (Part 3 of 4)

Exhibit 1 (Part 4 of 4)

Text of Proposed Order on Motion for Entry of Final Default Judgment

Final Default Judgment and Permanent Injunction

Clerk's Notice to Filer re [59] Plaintiff's MOTION for Default Judgment. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules.

Plaintiff's MOTION for Default Judgment by GoPro, Inc.

Declaration of Christopher Tom

Exhibit 1 (Part 1 of 4)

Exhibit 1 (Part 2 of 4)

Exhibit 1 (Part 3 of 4)

Exhibit 1 (Part 4 of 4)

Text of Proposed Order on Motion for Entry of Final Default Judgment

Proposed Final Default Judgment and Permanent Injunction

ORDER REFERRING 61 Plaintiff's MOTION for Default Judgment. Motions referred to Judge Eduardo I. Sanchez. Signed by Judge Jose E. Martinez on 10/4/2024. See attached document for full details.

Notice of Voluntary Dismissal - aty

NOTICE of Voluntary Dismissal of Certain Defendants by GoPro, Inc.

PAPERLESS ORDER Setting Status Conference on [5] Plaintiff's Motion for Entry of a Preliminary Injunction and [61] Plaintiff's Motion for Default Judgment. Hearing (in-person) set for Thursday, November 14, 2024, at 11:00 AM before Magistrate Judge Eduardo I. Sanchez on the 6th floor of the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue in Miami, FL. Signed by Magistrate Judge Eduardo I. Sanchez on 11/8/2024.

NOTICE of Attorney Appearance by Leigh Benjamin Salomon on behalf of GoPro, Inc. Attorney Leigh Benjamin Salomon added to party GoPro, Inc.(pty:pla).

Plaintiff's MOTION to Unseal Document by GoPro, Inc. Responses due by 11/27/2024.

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): AUSEK LIMITED, Chengdu Jingfeng Optical Technology Co., Ltd., Dongguan Hdking Smart Technology Co. Ltd, Guangzhou Yuexiu District Yanbing Photographic Equipment Store, Hunan Fanjie Biological Technology Co., Ltd., Hunan Hanli Network Technology Co., Ltd., Quanzhou Bomeirui Import&Export Trade Co. Ltd., Shenzhen Adika Technology Co., Limited, Shenzhen Boyuan Technology Co., LTD, Shenzhen Gofuture Technology Co., Ltd., Shenzhen Huluwa Mutual Entertainment Technology Co., Ltd., Shenzhen Jianan Technology Co., Ltd., Shenzhen Jingyue Technology Co., Ltd., Shenzhen Mingxi Trading Co., Ltd., Shenzhen Poki Technology Co., Ltd, Shenzhen Sincere Tech Co., Ltd., Shenzhen Somo Technology Co., Ltd., Shenzhen STARTRC Technology Co., Ltd., Shenzhen Tengwenda Technology Co., Ltd., Shenzhen Wonderful Digital Technology Co., Ltd., Shenzhen Youfan Industry Co., Ltd., Shenzhen Zhencheng Technology Co., Ltd., Zhongshan Mingju Electronic Technology Co., Ltd., 3C-Camera Store, Afant Store, A-G-A-G-Technology Store, Amy Wholesale Electronic Co., Ltd., Autoeye Super Store, Camera base Store, CIRO GLOBAL Store, Egoer Store, EXSKOF Official Store, GoPro choice Store, HGDO Translation Store, Lanbeika 3C Store, Long Xiang digital Store, PROGRACE Official Store, Queenwill Official Store, reedtock Global Store, Shop Good Friend Tool 9 Store, Shop1102733322 Store, Shop1102736306 Store, Shop1102790377 Store, Shop911427011 Store, Taomei Digital Store, WKS Store, GOOOY, Pergear, tyre_pitts, BGNing, bora.akan, department-store168, first2sav-direct, Girly Donna, g-luckyhome, Gohiii, hl_1999, keren4829, kingsdemit, monalp, oncost, wanwanxu, Welcome to DidiLaDi's Store, yolanda2015, forreste, Action Hero, FTNY Phone Accessories, Grase's department store, MaojiuzonglulOj, MarycelaGalindo, sipeng666, Telunsi, Ty1012 Store, xidian store and Xiny_Store.

PAPERLESS Minute Order for proceedings held before Magistrate Judge Eduardo I. Sanchez: Status Conference on 5 Plaintiff's Motion for Entry of a Preliminary Injunction and 61 Plaintiff's Motion for Default Judgment held on 11/14/2024. Report and Recommendations to follow. Total time in court: 17 minutes. Attorney Appearance(s): Leigh Benjamin Salomon -Plaintiff's Counsel (Digital 11:14:40)

Status Hearing held as per docket entry #69. (Text entry; no document attached.)

ORDER granting 67 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 Jose E. Martinez on 11/14/2024. See attached document for full details.

Clerk's NOTICE of Compliance re 70 Order on Motion to Unseal Case. All Docket Entries Unsealed.

SYSTEM ENTRY - Docket Entry 72 [misc] restricted/sealed until further notice. (2195053) (Text entry; no document attached.)

REPORT AND RECOMMENDATIONS re [61] Plaintiff's Motion for Entry of Final Default Judgment. Objections to R&R due by 11/22/2024. Signed by Magistrate Judge Eduardo I. Sanchez on 11/19/2024. See attached document for full details.

REPORT AND RECOMMENDATIONS re [5] Plaintiff's Motion for a Preliminary Injunction. Objections to R&R due by 11/22/2024. Signed by Magistrate Judge Eduardo I. Sanchez on 11/19/2024. See attached document for full details.

CERTIFICATE OF SERVICE by GoPro, Inc. re 74 REPORT AND RECOMMENDATIONS re 5 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Internet Stores, a Temporary Asset Restraint, Expedited Discovery

CERTIFICATE OF SERVICE by GoPro, Inc. re 73 REPORT AND RECOMMENDATIONS re 61 Plaintiff's MOTION for Default Judgment filed by GoPro, Inc.

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting Report and Recommendations re 73 Report and Recommendations on 61 Motion for Default Judgment, filed by GoPro, Inc.; granting 61 Motion for Default Judgment. Signed by Judge Jose E. Martinez on 11/25/2024. See attached document for full details.

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting Report and Recommendations re 74 Report and Recommendations on 5 Ex Parte Motion for Preliminary Injunction filed by GoPro, Inc.; denying as moot 5 Ex Parte Motion for Preliminary Injunction. Signed by Judge Jose E. Martinez on 11/25/2024. See attached document for full details.

FINAL DEFAULT JUDGMENT and PERMANENT INJUNCTION in favor of GoPro, Inc. against 3C-Camera Store, A-G-A-G-Technology Store, AUSEK LIMITED, Action Hero, Afant Store, Amy Wholesale Electronic Co., Ltd., Autoeye Super Store, BGNing, CIRO GLOBAL Store, Camera base Store, Chengdu Jingfeng Optical Technology Co., Ltd., Dongguan Hdking Smart Technology Co. Ltd, EXSKOF Official Store, Egoer Store, FTNY Phone Accessories, GOOOY, Girly Donna, GoPro choice Store, Gohiii, Grase's department store, Guangzhou Yuexiu District Yanbing Photographic Equipment Store, HGDO Translation Store, Hunan Fanjie Biological Technology Co., Ltd., Hunan Hanli Network Technology Co., Ltd., Lanbeika 3C Store, Long Xiang digital Store, MaojiuzonglulOj, MarycelaGalindo, Pergear, ProGrace Official Store, Quanzhou Bomeirui Import&Export Trade Co. Ltd., Queenwill Official Store, Shenzhen Adika Technology Co., Limited, Shenzhen Boyuan Technology Co., LTD, Shenzhen Gofuture Technology Co., Ltd., Shenzhen Huluwa Mutual Entertainment Technology Co., Ltd., Shenzhen Jianan Technology Co., Ltd., Shenzhen Jingyue Technology Co., Ltd., Shenzhen Mingxi Trading Co., Ltd., Shenzhen Poki Technology Co., Ltd, Shenzhen STARTRC Technology Co., Ltd., Shenzhen Sincere Tech Co., Ltd., Shenzhen Somo Technology Co., Ltd., Shenzhen Tengwenda Technology Co., Ltd., Shenzhen Wonderful Digital Technology Co., Ltd., Shenzhen Youfan Industry Co., Ltd., Shenzhen Zhencheng Technology Co., Ltd., Shop Good Friend Tool 9 Store, Shop1102733322 Store, Shop1102736306 Store, Shop1102790377 Store, Shop911427011 Store, Taomei Digital Store, Telunsi, Ty1012 Store, WKS Store, Welcome to DidiLaDi's Store, Xiny_Store, Zhongshan Mingju Electronic Technology Co., Ltd., bora.akan, department-store168, first2sav-direct, forreste, g-luckyhome, hl_1999, keren4829, kingsdemit, monalp, oncost, reedtock Global Store, sipeng666, tyre_pitts, wanwanxu, xidian store, yolanda2015. Signed by Judge Jose E. Martinez on 11/25/2024. See attached document for full details.

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

(Supplement Final Default Judgment and Permanent Injunction) (ls)

SATISFACTION OF JUDGMENT re 79 Default Judgment, Permanent Injunction, as to Defendant No. 108 (forreste) by GoPro, Inc.

Plaintiff's MOTION for Disbursement of Funds by GoPro, Inc.

(Text of Proposed Order)

DISBURSEMENT ORDER of Funds to Boies Schiller Flexner LLP in the amount of $5,000.00. Signed by Judge Jose E. Martinez on 2/19/2025. See attached document for full details.

SATISFACTION OF JUDGMENT re [79] Default Judgment, Permanent Injunction, as to Defendant No. 61 (GOOOY) by GoPro, Inc.

SATISFACTION OF JUDGMENT re [79] Default Judgment, Permanent Injunction, as to Defendant No. 82 (bora.akan) by GoPro, Inc.