2022-cv-01935

COMPLAINT filed by The United States Playing Card Company; Filing fee $ 402, receipt number 0752-19345306.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff The United States Playing Card Company Schedule A regarding complaint[1]

MOTION by Plaintiff The United States Playing Card Company for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The United States Playing Card Company

Notice of Claims Involving Trademarks by The United States Playing Card Company

ATTORNEY Appearance for Plaintiff The United States Playing Card Company by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff The United States Playing Card Company by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff The United States Playing Card Company by Isaku Begert

ATTORNEY Appearance for Plaintiff The United States Playing Card Company by Rachel S Miller

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (Text entry; no document attached.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Text entry; no document attached.)

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (Text entry; no document attached.)

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John F. Kness for all further proceedings pursuant to the provisions of 28 USC 294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 4/18/2022.

MOTION by Plaintiff The United States Playing Card Company for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by The United States Playing Card Company in support of motion for temporary restraining order 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Tricia Bouras regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff The United States Playing Card Company Exhibit 3 - Parts 1 - 7 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

(Exhibit 3-7)

MOTION by Plaintiff The United States Playing Card Companyfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by The United States Playing Card Company in support of motion for miscellaneous relief 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [13], and motion for electronic service of process [18] are granted in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [2] and [17]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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 appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 6/16/2022.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (Text entry; no document attached.)

SURETY BOND in the amount of $10,000.00 posted by The United States Playing Card Company (Document not scanned)

ATTORNEY Appearance for Plaintiff The United States Playing Card Company by Kahlia Roe Halpern

MOTION by Plaintiff The United States Playing Card Company for extension of time of Temporary Restraining Order

MEMORANDUM by The United States Playing Card Company in support of extension of time[26]

Declaration of Isaku M. Begert

MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time of Temporary Restraining Order 26 is granted. Enter separate order. Mailed notice

EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/30/2022. Mailed notice

MOTION by Plaintiff The United States Playing Card Company for preliminary injunction, MOTION by Plaintiff The United States Playing Card Company for extension of time of Temporary Restraining Order

(Exhibit A)

MEMORANDUM by The United States Playing Card Company in support of motion for preliminary injunction, extension of time, 30

Declaration of Isaku M. Begert

(Exhibit 1)

SUMMONS Returned Executed by The United States Playing Card Company as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 7/11/2022, answer due 8/1/2022.

Declaration of Kahlia R. Halpern

(Exhibit A)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 30 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 7/22/2022." Plaintiff must file proof of service of the Court's statement on or before 7/19/2022. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion 26 27 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by Plaintiff The United States Playing Card Company per 33

(Exhibit A)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 30 is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 34 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court 33 having provided the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/25/2022. Mailed notice

NOTICE of Voluntary Dismissal by The United States Playing Card Company as to certain defendant

NOTICE of Voluntary Dismissal by The United States Playing Card Company as to certain defendants

NEW PARTIES: Yiwu Lujin E-Commerce Co., Ltd., MDNG Card Store, King Magic Official Store, Jack Ma Magic, Fantastic Magic Factory, Shop1938613 Store, Fantastic Bruce Lee, Children's World 88 Store, goodeasy Official Store, Fun-Trick Store, qenueson Official Store, Lege Trick Factory Store, Educational Juggle Store, Shop3742029 Store, lolibear kid's wonderland Store, Supering Online Store, Shop4230023 Store, Easytoday Official Store, Shop4414026 Store, Higher, Faster, Stronger Store, Everything in Here Store, Poker Deceit Store, luckylink Store, jiesite Store, Tenderecho Store, July Loving Store, Fashion-Hot-new-Unique-World Peace-Never give up Store, Marked Poker Store, Yernea Honesty Store, Terry's OnLine WholeSale Store, Magician's Store, Zero Magic Store, Sports-Power Store, Outdoor Fitness Entertainment Store Store, Shop 183 Store, A Baby Shopping Store, Good Jumping Store, PerfectNew Outdoor Life Store, baby wa Store, MayFishing Store, poker Magic's store, GOODEASY, leipupa-US, FLYDUCK, everlaste, tonginaUS, Luwsldirr, VNYUYFT433, Outdoor Sports 007, fityle, jie mai, Youchuang Electronics Trading, CharIon-TEC, Lovely CiCi, Oriental Impression, KOqwez33, loinhgeo, JianheUS, SUNNIMIX, GREAT JOY Store, JinYu Toy, XingcM, KKSSyytal, Palmetto128, my penguin magic, ManFull Prime Day Discount, CENHUTNG, Eu-shop Limited, LeGe Toy, SUMAG MAGIC TRICKS, YALIANBAIHUO, SHANGMEIY, LiZhiWuJin, NL-LED, ChnMagic, HEYJUDY, CQQing, Anniston, jiushengkeji, ink2055, Neasyth, yinwukongdianzishangwu, LOCKYOUNG, US-JwP, signmeili, oAtm0eBcl, Expedition outdoors, Magic007, Xiaoshen001, Yundongzhou, accecity2009, beautylover_uk, fabricmotos, fashionf2018, franceeshop, gazechimp_de, gazechimp_us, hotoysdeals, krossor, marnull, newlifeuss, pletenies, rookie-club, target_home, thegreatwallmagic, xiaokisuntek, xoxu8523, yanrun, YOYO FUN LIFE, shenzhenzijingcoltd, haolivestore, awuyue258, tiger&fish618, yananzaicongtai and yangben2323 added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by The United States Playing Card Company as to certain defendants

MOTION by Attorney Isaku M. Begert to withdraw as attorney for The United States Playing Card Company. No party information provided

MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney [40] is granted. Attorney Isaku Begert is withdrawn as counsel of record. Mailed notice

NOTICE of Voluntary Dismissal by The United States Playing Card Company as to certain defendants

NOTICE of Voluntary Dismissal by The United States Playing Card Company as to Certain Defendants

MOTION by Plaintiff The United States Playing Card Company for entry of default, MOTION by Plaintiff The United States Playing Card Company for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by The United States Playing Card Company in support of motion for entry of default, motion for default judgment 44

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 45

(Exhibit 1)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [44] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 9/12/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice

CERTIFICATE of Service by Plaintiff The United States Playing Card Company per 47

NOTICE of Voluntary Dismissal by The United States Playing Card Company as to certain defendant

ORDER signed by the Honorable John F. Kness on 9/29/2022. Plaintiff's motion for entry of default judgment [44] is granted. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by The United States Playing Card Company is hereby released to The United States Playing Card Company or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 9/29/2022. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment regarding order[51] in the amount of $100,000 as to certain defendants

MAILED original ten-thousand-dollar ($10,000) surety bond posted by The United States Playing Card Company to Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via USPS certified mail #7019 2280 0000 0962 7951. (Text entry; no document attached.)

USPS Return receipt certified mail #7019 2280 0000 0962 7951

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendant

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20234169.

Exhibit List of Eighteen (18) Defendants

MOTION by Defendants Sports-Power Store, Good Jumping Store, beautylover_uk, fabricmotos, SUNNIMIX, xiaokisuntek, franceeshop, gazechimp_de, JianheUS, fityle, Shop 183 Store, leipupa-US, gazechimp_us, target_home, hotoysdeals, fashionf2018, Outdoor Sports 007, newlifeuss to dismiss for lack of jurisdiction, MOTION by Defendants Sports-Power Store, Good Jumping Store, beautylover_uk, fabricmotos, SUNNIMIX, xiaokisuntek, franceeshop, gazechimp_de, JianheUS, fityle, Shop 183 Store, leipupa-US, gazechimp_us, target_home, hotoysdeals, fashionf2018, Outdoor Sports 007, newlifeuss to set aside judgment

MOTION by Defendants Sports-Power Store, Good Jumping Store, beautylover_uk, fabricmotos, SUNNIMIX, xiaokisuntek, franceeshop, gazechimp_de, JianheUS, fityle, Shop 183 Store, leipupa-US, gazechimp_us, target_home, hotoysdeals, fashionf2018, Outdoor Sports 007, newlifeuss to set aside judgment, MOTION by Defendants Sports-Power Store, Good Jumping Store, beautylover_uk, fabricmotos, SUNNIMIX, xiaokisuntek, franceeshop, gazechimp_de, JianheUS, fityle, Shop 183 Store, leipupa-US, gazechimp_us, target_home, hotoysdeals, fashionf2018, Outdoor Sports 007, newlifeuss to dismiss for lack of jurisdiction

Declaration

Exhibit

MOTION by Defendants Good Jumping Store, JianheUS, Outdoor Sports 007, SUNNIMIX, Shop 183 Store, Sports-Power Store, beautylover_uk, fabricmotos, fashionf2018, fityle, franceeshop, gazechimp_de, gazechimp_us, hotoysdeals, leipupa-US, newlifeuss, target_home, xiaokisuntek to set a briefing schedule

ATTORNEY Appearance for Defendants Good Jumping Store, Shop 183 Store, Sports-Power Store, leipupa-US by Weisun Rao

ATTORNEY Appearance for Defendants JianheUS, Outdoor Sports 007, SUNNIMIX, beautylover_uk, fabricmotos, fityle by Weisun Rao

ATTORNEY Appearance for Defendants fashionf2018, franceeshop, gazechimp_de, gazechimp_us, hotoysdeals by Weisun Rao

ATTORNEY Appearance for Defendants newlifeuss, target_home, xiaokisuntek by Weisun Rao

MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice [57] is granted. Mailed notice

RESPONSE by The United States Playing Card Companyin Opposition to MOTION by Defendants Sports-Power Store, Good Jumping Store, beautylover_uk, fabricmotos, SUNNIMIX, xiaokisuntek, franceeshop, gazechimp_de, JianheUS, fityle, Shop 183 Store, leipupa-US, gazechimp_us, target_home, hotoysdeals, fashionf2018, Outdoor SporMOTION by Defendants Sports-Power Store, Good Jumping Store, beautylover_uk, fabricmotos, SUNNIMIX, xiaokisuntek, franceeshop, gazechimp_de, JianheUS, fityle, Shop 183 Store, leipupa-US, gazechimp_us, target_home, hotoysdeals, fashionf2018, Outdoor Spo[58]

DECLARATION of Rachel S. Miller regarding response in opposition to motion, [66]

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Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

EXHIBIT by Plaintiff The United States Playing Card Company Exhibits 11 - 20 regarding declaration, [67]

Exhibit 11

Exhibit 12

Exhibit 13

Exhibit 14

Exhibit 15

Exhibit 16

Exhibit 17

Exhibit 18

Exhibit 19

Exhibit 20

DECLARATION of Lijia Chen regarding response in opposition to motion, [66]

Exhibit 1

Exhibit 2

Exhibit 3

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Exhibit 6

REPLY by Good Jumping Store, JianheUS, Outdoor Sports 007, SUNNIMIX, Shop 183 Store, Sports-Power Store, beautylover_uk, fabricmotos, fashionf2018, fityle, franceeshop, gazechimp_de, gazechimp_us, hotoysdeals, leipupa-US, newlifeuss, target_home, xiaokisuntek to response in opposition to motion, 66

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendant

Letter by Good Jumping Store, JianheUS, Outdoor Sports 007, SUNNIMIX, Shop 183 Store, Sports-Power Store, beautylover_uk, fabricmotos, fashionf2018, fityle, franceeshop, gazechimp_de, gazechimp_us, hotoysdeals, leipupa-US, newlifeuss, target_home, tonginaUS, xiaokisuntek re Settlement in Principle, Defer Decision on Motion

MINUTE entry before the Honorable John F. Kness: In view of a letter 72 submitted by counsel for various Defendants, a decision on the pending motion 58 to set aside the default judgment 51 is held in abeyance until further order. A joint status report from Plaintiff and the Defendants affected by this order must be submitted on or before 8/7/2023. This requirement will be satisfied by the timely filing of a stipulation of dismissal. Mailed notice

STATUS Report per [73] by The United States Playing Card Company

FULL SATISFACTION of Judgment regarding order[51] in the amount of $100,000 as to certain defendants

MINUTE entry before the Honorable John F. Kness: In view of the joint status report 74 and full satisfaction of judgment 75 filed by Plaintiff, the motion of various Defendants to dismiss for lack of jurisdiction 58 is dismissed as moot. Mailed notice

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 51 as to certain defendants