2024-cv-24008

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17915090, filed by Purple Innovation, LLC.

Exhibit 1

Exhibit 2

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 and Exhibits

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Purple Innovation, LLC identifying Corporate Parent Purple Innovation, Inc. for Purple Innovation, LLC

Order

Plaintiff's MOTION to Seal per Local Rule 5.4 by Purple Innovation, LLC.

Text of Proposed Order Granting Motion to Seal

Plaintiff's MOTION for Leave to File Excess Pages by Purple Innovation, LLC.

(Text of Proposed Order)

ORDER Granting [6] Motion to File Under Seal. Signed by Judge Jose E. Martinez on 10/21/2024. See attached document for full details.

Order

ORDER Granting 7 Motion to Exceed Page Limitation. Signed by Judge Jose E. Martinez on 10/22/2024. See attached document for full details.

SYSTEM ENTRY - Docket Entry 12 [motion] restricted/sealed until further notice. (2195053)

SYSTEM ENTRY - Docket Entry 13 [order] restricted/sealed until further notice.

SYSTEM ENTRY - Docket Entry 14 [order] restricted/sealed until further notice.

Order

SYSTEM ENTRY - Docket Entry 15 [order] restricted/sealed until further notice.

SYSTEM ENTRY - Docket Entry 16 [order] restricted/sealed until further notice.

SYSTEM ENTRY - Docket Entry 17 [motion] restricted/sealed until further notice. (2195053)

SYSTEM ENTRY - Docket Entry 18 [order] restricted/sealed until further notice.

Order

Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order, Reschedule Hearing on its Motion for Preliminary Injunction, and Extend the Briefing Deadlines by Purple Innovation, LLC.

Declaration of Leigh Salomon

Text of Proposed Order

Clerk's Notice to Filer re [20] Miscellaneous Relief. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual.

NOTICE of Filing Proposed Summons(es) by Purple Innovation, LLC

Proposed Summons

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

ORDER Granting [20] Motion to Extend Ex Parte Temporary Restraining Order. The Temporary Restraining Order entered by this Court on October 31, 2024,(ECF No. 18), is hereby extended, and shall remain in effect until November 29, 2024. Signed by Judge Jose E. Martinez on 11/7/2024. See attached document for full details.

NOTICE of Posting Bond in the amount of $5,000.00 receipt # 294367 posted by Purple Innovation, LLC Approved by Judge Jose E. Martinez

ORDER granting in part and denying in part [20] Motion to Reschedule Preliminary Injunction Hearing and Extend the Briefing Deadlines. The Preliminary Injunction Hearing is RESET for November 26, 2024, at 2:00 PM before the Honorable Eduardo I. Sanchez in Courtroom 6 of the C. Clyde Atkins United States Courthouse, located at 301 N. Miami Avenue in Miami, Florida. (Responses due by 11/22/2024. Replies due by 11/25/2024.) Signed by Magistrate Judge Eduardo I. Sanchez on 11/7/2024. See attached document for full details. (ed01)

Clerks Receipt for Bond received on 11/7/2024 in the amount of $ 5,000.00, receipt number 294367

NOTICE of Voluntary Dismissal of Defendants Nos. 2 (Shanghai Macway Electrical Co., Ltd.), 3 (Shenyang Zhuotai Technology Co., Ltd.), 4 (Shenzhen Hnos Healthy Technology Co., Ltd.), 5 (Shenzhen Lianda Technology Industrial Co., Ltd.), 6 (Shenzhen Taineng Jikang Technology Co., Ltd.), 7 (Umax Home (Jiaxing) Co., Ltd.), 8 (Wuhan Bingkun Technology Co., Ltd.), 9 (Xiamen New Fashion Houseware.co., Ltd.), 10 (Yiwu City Qiyuan Trading Co., Ltd.), 11 (YIWU HONGYU IMPORT AND EXPORT CO.,LTD), and 12 (Zhejiang Sojoy Auto Accessories Co., Ltd.) by Purple Innovation, LLC

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): Airspace (1), All In First Store (13), Always Be My Girl Store (14), Autobliss Store (15), Enjoying*Life Store (16), HUTTON LIVE Store (17), JBPS Shop Store (18), JUNMUMUKEJI Manufacturer Store (19), KAWASIMAYA Professional Sale Store (20), Maimeirui Homeware Store (21), Cooushing (22), Hfun Tech (23), Niplo-Ama (24), Usupip (25), A Fashion Home (26), AiQin (27), ARTMAN Home (28), Auto Super (29), Awesome Selection - Youqingshu (30), ban yarun (31), Beautiful Blue House (32), betta (33), Betta b (34), Betta C (35), BIGPANDA SHOP (36), BingLang Shop (37), BINYGO LIVE (38), Blissful Abodee (39), BOOMIN (40), Carefully selected locally (41), Chunxiu spinning fine women (42), CieloHome (43), Cool Girl Storage (44), CORNING Automotive Products (45), CorpRed (46), Da LI King (47), Dai yu shop (48), Dongxiu (49), ELong Bazaar (50), ELong Bazaar A (51), ELong Bazaar B (52), ELong Bazaar I (53), ELong Bazaar K (54), Enjoy your wonderful life (55), Fair Price Mall (56), fenghui commerce (57), Ferncabag (58), FlyWorddd (59), FURIOON (60), Ginger Dec (61), green water (62), GTAO (63), GTDAMAI (64), GUOYI Daily Necessities (65), GYANG (66), H Enjoy life (67), Hengxuan Health (68), HITOP (69), Homegoods Shop (70), huangqq (71), HUHUAQUAN (72), HUPO KB (73), Ingenious Housewares shop (74), JD Concept Local (75), JHYUS Shop (76), jingshengqi (77), jiukun (78), JTOOYS (79), ke yuan zhong yue (80), KitchenCraft Haven (81), KPAN (82), Kyoshoudo (83), Le Puppino Pet local (84), liang King (85), LiangMeiZi (86), Liangpo (87), Linping Space (88), little bird home s (89), LJJYHOME (90), LJN (91), LONGSHENGHOME (92), Luojiekuyesuu (93), Mengling Automotive Products (94), Myigo (95), NewBee Home (96), Office Craft Shop (97), Pearjuice (98), pengg (99), Pin An Dian (100), QDRT (101), QDUOQ (102), renquandianpu (103), ROU SHOP (104), SANHOME (105), Seglo (106), SHIPADO (107), ShunHiepin (108), smlllle (109), Strange clouds C (110), Sushi Coffee (111), The Excellent Department (112), TianZhiRuiB (113), TongCaiShop (114), TQS (115), Valuable shop (116), Volcanic bear (117), WTN Shop (118), X Treasure Trove (119), XFLWTO (120), xguoguo (121), xianqishop (122), Xiaowen Creative (123), XJShop (124), yangguangmeigui (125), yezishangdian (126), Yiyuanxin (127), YQS Home Decor (128), YR toys (129), ZAOMU SHOP (130), zhangshang (131), ZHAOXX (132), zhihangerdian (133), ZHONG HUISHAN (134), ZKJDSW (135), Bright Light House (136), CM Beauty (137), Home life (138), mytlp (139), nvjiaoezimei (140), SHOPSTORYFRANCE (141), SKY-00 (142), wuhaiyuelian (143), wuyishan513 (144), xingtai (145), xionghongji8542 (146) and xuchengyan5620 (147).

SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Purple Innovation, LLC. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A served on 11/20/2024, response/answer due 12/11/2024.

PAPERLESS Minute Order for proceedings held before Magistrate Judge Eduardo I. Sanchez: Preliminary Injunction Hearing held on 11/26/2024. Report and Recommendations to follow. Total time in court: 7 minutes. Attorney Appearance(s): Leigh Benjamin Salomon- Plaintiff's Counsel (Digital 14:14:13)

Plaintiff's NOTICE of Filing [Proposed] Order Granting Plaintiff's Motion for Preliminary Injunction by Purple Innovation, LLC re [31] Miscellaneous Hearing, Terminate Deadlines and Hearings

Text of Proposed Order Granting Plaintiff's Motion for Preliminary Injuncti

REPORT AND RECOMMENDATIONS recommending GRANTING [12] Plaintiff's Motion for Entry of Preliminary Injunction. Objections to R&R due by 12/2/2024. Signed by Magistrate Judge Eduardo I. Sanchez on 11/27/2024. See attached document for full details. (ed01)

Second MOTION for Extension of Time to Extend Ex Parte Temporary Restraining Order re 20 Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order, Reschedule Hearing on its Motion for Preliminary Injunction, and Extend the Briefing Deadlines MOTION for Extension of Time, 24 Order on Motion for Extension of Time, by Purple Innovation, LLC. Responses due by 12/16/2024.

(Text of Proposed Order Granting Second Motion to Extend Ex Parte Temporary Restraining Order)

ORDER ADOPTING MAGISTRATE JUDGE'S 33 REPORT AND RECOMMENDATIONS; Granting 12 Plaintiff's Application for Entry of Preliminary Injunction. Certificate of Appealability: No Ruling. Signed by Judge Jose E. Martinez on 12/3/2024. See attached document for full details.

PAPERLESS ORDER denying as moot 34 Motion for Extension of Time. Motion made moot by 35 the Court's Order Adopting Magistrate Judge Sanchez's Report and Recommendation. Signed by Judge Jose E. Martinez on 12/3/2024.

NOTICE of Voluntary Dismissal of Defendant Nos. 26 (A Fashion Home), 70 (Homegoods Shop), and 114 (TongCaiShop) by Purple Innovation, LLC

NOTICE of Voluntary Dismissal of Defendant Nos. 65 (GUOYI Daily Necessities), 136 (Bright Light House), and 138 (Home life) by Purple Innovation, LLC

ANSWER to Complaint by Cooushing (22).

NOTICE of Voluntary Dismissal of Defendant Nos. 13 (All In First Store), 36 (BIGPANDA SHOP), 39 (Blissful Abodee), 41 (Carefully selected locally), 47 (Da LI King), 48 (Dai yu shop), 62 (green water), 75 (JD Concept Local), 81 (KitchenCraft Haven), 85 (liang King), 101 (QDRT), 107 (SHIPADO), and 109 (smlllle) by Purple Innovation, LLC

NOTICE of Voluntary Dismissal of Defendant Nos. 45 (CORNING Automotive Products), 58 (Ferncabag), 59 (FlyWorddd), 65 (GUOYI Daily Necessities), 68 (Hengxuan Health), 69 (HITOP), 71 (huangqq), 74 (Ingenious Housewares shop), 79 (JTOOYS), 80 (ke yuan zhong yue), 106 (Seglo), 123 (Xiaowen Creative), 124 (XJShop), 127 (Yiyuanxin), 130 (ZAOMU SHOP), 131 (zhangshang), and 135 (ZKJDSW) by Purple Innovation, LLC

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A by Purple Innovation, LLC.

Declaration of Leigh Salomon

Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A - Motions Terminated: [42] Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 1/10/2025.

ORDER ON FINAL DEFAULT JUDGMENT PROCEDURE, The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A re (ECF No. 43) response/answer due 1/24/2025. Signed by Judge Jose E. Martinez on 1/10/2025. See attached document for full details.

CERTIFICATE OF SERVICE by Purple Innovation, LLC re 44 Order, Set Response/Answer Due Deadline

Notice of Voluntary Dismissal - aty

NOTICE of Voluntary Dismissal of Defendant Nos. 56 (Fair Price Mall) and 113 (TianZhiRuiB) by Purple Innovation, LLC

Plaintiff's MOTION to Unseal Document by Purple Innovation, LLC. Responses due by 2/7/2025.

(Text of Proposed Order) Modified Relief on 1/27/2025 (cds)

ORDER Granting [48] Motion to Unseal. Signed by Judge Jose E. Martinez on 1/28/2025. See attached document for full details.

CLERK'S NOTICE of Compliance (All Docket Entries in this Case have been Unsealed) re [49] Order on Motion to Unseal.

Plaintiff's MOTION for Default Judgment by Purple Innovation, LLC.

Declaration of Leigh Salomon

Exhibit 1 (Part 1 of 5)

Exhibit 1 (Part 2 of 5)

Exhibit 1 (Part 3 of 5)

Exhibit 1 (Part 4 of 5)

Exhibit 1 (Part 5 of 5)

Exhibit 2

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

Text of Proposed Final Default Judgment and Permanent Injunction

ORDER OF REFERENCE re 51 Plaintiff's MOTION for Default Judgment filed by Purple Innovation, LLC. Motions referred to Judge Eduardo I. Sanchez. Signed by Judge Jose E. Martinez on 2/3/2025. See attached document for full details.

NOTICE of Voluntary Dismissal of Defendant No. 38 (BINYGO LIVE) by Purple Innovation, LLC

NOTICE of Voluntary Dismissal as to Defendant Nos. 23 (Hfun Tech), 33 (betta), 34 (Betta b), 35 (Betta C), 40 (BOOMIN), 50 (ELong Bazaar), 51 (ELong Bazaar A), 52 (ELong Bazaar B), 53 (ELong Bazaar I), 54 (ELong Bazaar K), 98 (Pearjuice), 110 (Strange clouds C), and 129 (YR toys) by Purple Innovation, LLC

ORDER STRIKING [39] Answer to Complaint, Cooushing (22) response/answer due 3/7/2025. Signed by Judge Jose E. Martinez on 2/20/2025. See attached document for full details.

NOTICE of Voluntary Dismissal of Defendant No. 22 (Cooushing) by Purple Innovation, LLC

NOTICE of Voluntary Dismissal of Defendant No. 60 (FURIOON) by Purple Innovation, LLC

NOTICE of Voluntary Dismissal of Defendant No. 37 (BingLang Shop) by Purple Innovation, LLC

REPORT AND RECOMMENDATION re [51] Plaintiff's MOTION for Entry of Final Default Judgment Against Defendants. Objections to R&R due by 9/25/2025. Signed by Magistrate Judge Eduardo I. Sanchez on 9/19/2025. See attached document for full details.

NOTICE Filing Amended [Proposed] Order On Motion For Entry Of Final Default Judgment and Amended [Proposed] Final Default Judgment And Permanent Injunction by Purple Innovation, LLC

Amended Proposed Order Granting on Motion for Entry of Final Default Judgment

Amended Proposed Order Granting Final Default Judgment and Permanent Injunctio

Notice of Pending, Refiled, Related or Similar Actions by Purple Innovation, LLC

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting Report and Recommendations re [59] Report and Recommendations; granting [51] Motion for Final Default Judgment; Administratively Closing Case. Signed by Judge Jose E. Martinez on 9/29/2025. See attached document for full details.

Plaintiff's MOTION to Seal Discovery Evidence per Local Rule 5.4 by Purple Innovation, LLC.

Text of Proposed Order

ORDER Granting [63] Motion to File Discovery Evidence Under Seal. Signed by Judge Jose E. Martinez on 10/14/2025. See attached document for full details.

NOTICE of Voluntary Dismissal of Defendant No. 25 (Usupip) by Purple Innovation, LLC

Order