2021-cv-04250

COMPLAINT filed by Lynyrd Skynyrd Productions, Inc.; Filing fee $ 402, receipt number 0752-18550435.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Lynyrd Skynyrd Productions, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for leave to file under seal

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Lynyrd Skynyrd Productions, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Lynyrd Skynyrd Productions, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Lynyrd Skynyrd Productions, Inc. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Lynyrd Skynyrd Productions, Inc. by Isaku Begert

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment.

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of motion for temporary restraining order 9

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 10

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Allie Shapland regarding memorandum in support of motion 10

Exhibit 1

SEALED EXHIBIT by Plaintiff Lynyrd Skynyrd Productions, Inc. Exhibit 2 - Parts 1 - 3 regarding declaration 12

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of motion for miscellaneous relief 14

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

NOTICE by Lynyrd Skynyrd Productions, Inc. re MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 9, MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for leave to file under seal 3, MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 14

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lynyrd Skynyrd Productions, Inc.

Notice of Claims Involving Trademarks by Lynyrd Skynyrd Productions, Inc.

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motion for leave to file under seal 3 is granted. Plaintiff's motions for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 10 and for electronic service of process 14 are granted in part. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 8/16/2021:

MAILED trademark report to Patent Trademark Office, Alexandria VA.

Trademarks

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

SURETY BOND in the amount of $ 10,000 posted by Lynyrd Skynyrd Productions, Inc.

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of extension of time[25]

Declaration of Justin R. Gaudio

NOTICE by Lynyrd Skynyrd Productions, Inc. re MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for extension of time of Temporary Restraining Order[25]

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiffs' memorandum in support of extension of time 26, and in the court's order granting the temporary restraining order 20, Plaintiff's motion to extend the temporary restraining order 25 is granted. The Temporary Restraining Order is extended to 9/13/2021.

EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 8/27/2021:

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A".

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for preliminary injunction

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of motion for preliminary injunction[30]

Declaration of Justin R. Gaudio

Exhibit 1

NOTICE by Lynyrd Skynyrd Productions, Inc. re MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for preliminary injunction [30]

SUMMONS Returned Executed by Lynyrd Skynyrd Productions, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 9/8/2021, answer due 9/29/2021.

Declaration of Isaku M. Begert

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction 30 under advisement and will consider the motion unopposed if no defendant appears and objects by 9/16/2021.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 30 is granted. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.Motion for preliminary injunction

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 9/24/2021:

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 9/24/2021. Mailed notice

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NOTICE of Voluntary Dismissal by Lynyrd Skynyrd Productions, Inc. as to certain defendants

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for entry of default, MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for default judgment as to all Defendants

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of motion for entry of default, motion for default judgment 39

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 40

Exhibit 1

NOTICE by Lynyrd Skynyrd Productions, Inc. re MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for entry of default MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for default judgment as to all Defendants 39

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 38, which seeks to voluntarily dismiss defendants Ouipink and Versrh under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal 38 as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants Ouipink and Versrh from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 11/4/2021 identifying the remaining defendants.

AMENDED exhibit 2 Schedule A, per 43

MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintiff's motion for entry of default and default judgment 39 under advisement. Any defendant objecting to plaintiff's motion for entry of default and default judgment 39 must enter an appearance and file a written objection by 11/19/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

ORDER: In the court's 11/8/2021 minute entry, it gave all defendants until 11/19/2021 to object to plaintiff's motion for entry of default and default judgment 39. See 45. No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment 39. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount specified in the order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors a permanent injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Justin R. Gaudio, Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606, via certified mail. Enter Default Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 12/9/2021. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 12/9/2021. Mailed notice

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Lynyrd Skynyrd Productions, Inc. to Justin R. Gaudio, Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606, via certified mail #7019 2280 0000 0963 1866.

FULL SATISFACTION of Judgment regarding order 47 in the amount of $500,000 as to certain defendant