2022-cv-02115

COMPLAINT filed by The Mountain Corporation; Jury Demand. Filing fee $ 402, receipt number 0752-19371630.

(Exhibit Group Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff The Mountain Corporation by Michael A. Hierl

ATTORNEY Appearance for Plaintiff The Mountain Corporation by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff The Mountain Corporation by Robert Payton Mcmurray

MOTION by Plaintiff The Mountain Corporation to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff The Mountain Corporation Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Mountain Corporation

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment.

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.

MOTION by Plaintiff The Mountain Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff The Mountain Corporation for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by The Mountain Corporation in support of motion for temporary restraining order, 10

Declaration Doyon Declaration

Exhibit Group Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 1 of Doyon Declaration

SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 2 of Doyon Declaration

SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 3 of Doyon Declaration

SEALED EXHIBIT by Plaintiff The Mountain Corporation Exhibit 2 Part 4 of Doyon Declaration regarding memorandum in support of motion, 11

SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 5 of Doyon Declaration

SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 6 of Doyon Declaration

Notice of Claims Involving Trademarks by The Mountain Corporation

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 motions for leave to file excess pages 9, for leave to file under seal 6, and for a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant domain names, a temporary asset restraint, expedited discovery, and electronic service of process 10, are granted. 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 (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 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 4/28/2022:

SURETY BOND in the amount of $ 10,000.00 posted by The Mountain Corporation. (Document not scanned)

MOTION by Plaintiff The Mountain Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motion to extend the temporary restraining order 22 and in the court's order granting the temporary restraining order 20, Plaintiff's motion to extend the temporary restraining order 22 is granted. The temporary restraining order is extended to 5/26/2022.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

MOTION by Plaintiff The Mountain Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by The Mountain Corporation in support of motion for preliminary injunction 24

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 24

SUMMONS Returned Executed by The Mountain Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/19/2022, answer due 6/9/2022.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction 24 under advisement and will consider the motion unopposed if no defendant appears and objects by 5/31/2022.

CERTIFICATE of Service Proof of Service by William Benjamin Kalbac on behalf of The Mountain Corporation

MINUTE entry before the Honorable Martha M. Pacold: On 5/23/2022, the court gave all defendants until 5/31/2022 to appear and object to plaintiff's motion for preliminary injunction. 28. 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 24 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.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/7/2022:

ORDER: The Clerk of Court is directed to unseal Plaintiff's Pleading(s) [DOCKET NO.11] and Exhibits 1 - 6 thereto [DOCKET NO.12], [DOCKET NO.13], [DOCKET NO.14, 16-17], Schedule A to the Pleading(s) [DOCKET NO.7], Exhibit 1 to the Declaration of Roger M. Doyon [DOCKET NO.15], and the TRO [DOCKET NO.20]. Signed by the Honorable Martha M. Pacold on 6/7/2022. Mailed notice

NEW PARTIES: 9801 6759 75, Alan Emerian, angrngp, baiyufeng33431, BillLevimSvQjU, Blueaid, BOswaldr, CaesarJuliaqPtEbN, caichangmou666, caipingwei Store, caisen76084, caqianjieyun, Carlton D Sanders, ChebishuosU, chenderong7226, chending61972, chenfenglan125, chenhuarong66715, chenhuiying17367, chenxin2216, chenyang02614, chenyinhai1234, Crayons' International Trade, cuizixiao0919, David D Pence, dengjie112, Denise Cooper, DiqiaoyanlV, dongge1815, DongwengmoubuoJ, Donte West, dukun Store, dulei63755, duozhengzyi Store, duyu022314, ExvowApparel, fanggongzi66, fengjiamin Store, fumingyue43831, gajagdjhqjhjjuadq, gaojiale Store, gaokegang Store, gongjunming48217, guotao48364, hanqiyue67082, haozeming684, Harris Hernandez, hechen878507712, hejiaxin5238 and heying1234568459547 added to case caption.

NEW PARTIES: hualiuying81412, huangxinru31230, huangzifeng1856356, hunan1436, hushuhuan1114, HuYuHui, Jamie S Ross, jiamingming41454, jirao87673, jiweiguo66058, Knorbrand, lailei81, lexiaohu48186, Liaoyuanting1005, lidan556688, LiebaguanyuanlB, lihao461x, lijia0816, lijiang65401, lijiaqi73327, linzhiwei23329, liruyi47081, liuguixia123, liujing91621, liulanying888, liuwei49491, liuxinyu76494, liuyin55630, liuyujuan6855, liuyunjuan66668888, liuyuyu06656, lixiangrong1180, liyan31026, liyang136, lizemin05011, lizhengjiang49440, longzhichao123, vcdfre33, vvcynyfj, wanghuili41857, Zhangqiuyan 950919, zhaojinjun5236, 2301caozhiyao, AHUI Car modification parts shop, Angdone, Art101, baojunguang Store, baoyulian48507, Ben Donahue and Bertha Celestin added to case caption.

NEW PARTIES: caimingxuan123, caochi66090, chaxiaoyan0344963589, chayouxian Store, chenglin40471, chengqin63092, chenguanghui Store, chenguohui Store me, chenhui8247, chenjing80370, chenlei7822, chenping Store me, chenrong24, chenshengpei82198, CHENXiangli54321, chenxuemei3245, Christopher Smith65, cojcxuoizc, daijuan Store, dailibo3767, daixi159357, Dawn Coleman, dejizhuoma, dongqingshi51372, doulong087580, dqzf97jing, duanfuqing07253, duanning Store, duaoxion, EarthDragon, efzhsrtjhdytjrtger, Elnitra woods66, Eodkskdkskfndskjtsojfi65, fanghuanglong64561, fangxiaojia8649, feiqichao21749, feiru28097, fengrui Store me, Fundiy Haoshi, fushru32, fuyejiu68781, gaodongshao48546, gaogejin12345, gaozijun79463, geshaolin19502, ginettevon, Goujiayu7641, guguoyu0016, Guizizijie Bags, guoqiang77611, guoqiao123, guorui71320, guoweijie Store, guoxi112233, haixueyan1990, haleywehner2354, haq94fei, helibin7758258, hepengpeng02311, hezhenxi1234, hgfhfuo, hgjskxiangtao1852, huangchangqing888, huangcuirong427, huangmeng3412, huangqingge123, huxinlai46454, huxunlong Store, huyongkang50372 and IsignerBeza added to case caption.

NEW PARTIES: ismaelsport, jiachenchen72583, jiangjianliang123, jiangtao34241, Jiangyu00586, jiaqingqing998923, jiazihan3, jimmy33002, jimmy33005, jimmypink, JitangluxianaC, JiunashuokZ, KaneTaki, keertao55213, Keifulao Fitting, Kimberly Thomsen, kongfanli48618, kongxuanyu1123, lanzhongmi15623563, leiguihua907790543, leizhou5875, lichangfen Store, lichuang39796, lichunxiang0121, liguofu54204, lihui3297, lijiaqian83520, likehao48554, lilixiang10085, liming94732, linan14736928, liqi32982, liqiang51010, lishun123, lishuxian56224478, lisiqin520, lisiyu3596, littlemistressuk, liucaie888, liuchuanzheng258, liudao18161, liujianzhao87628, liujindou17566, liuli911922933, liulihong36157, liumin4580, liuping72963, liuqingyao187, Liusitong0514, liuxiaohan Store me, liuxiaowan666, liweiheng, liwenjie5993, liyan42046, liyanan39698, liyang111, Liyang123456, liyanzhen1156, liyiping058991, liyuqing61917, lizhaojian0108, Lizihaon, lliyanhong369, longyongfei711882456, Lulunoho, nawanyi147258, PremiumFS, Sabekillof, surprise tiger, surprise yier, underrcai throwing, wangjintao22785, wangshuling1, wukairui14464, xuzihan35963489 and zhuemu42 added to case caption.

NEW PARTIES: caimingxuan123, caochi66090, chaxiaoyan0344963589, chayouxian Store, chenglin40471, chengqin63092, chenguanghui Store, chenguohui Store me, chenhui8247, chenjing80370, chenlei7822, chenping Store me, chenrong24, chenshengpei82198, CHENXiangli54321, chenxuemei3245, Christopher Smith65, cojcxuoizc, daijuan Store, dailibo3767, daixi159357, Dawn Coleman, dejizhuoma, dongqingshi51372, doulong087580, dqzf97jing, duanfuqing07253, duanning Store, duaoxion, EarthDragon, efzhsrtjhdytjrtger, Elnitra woods66, Eodkskdkskfndskjtsojfi65, fanghuanglong64561, fangxiaojia8649, feiqichao21749, feiru28097, fengrui Store me, Fundiy Haoshi, fushru32, fuyejiu68781, gaodongshao48546, gaogejin12345, gaozijun79463, geshaolin19502, ginettevon, Goujiayu7641, guguoyu0016, Guizizijie Bags, guoqiang77611, guoqiao123, guorui71320, guoweijie Store, guoxi112233, haixueyan1990, haleywehner2354, haq94fei, helibin7758258, hepengpeng02311, hezhenxi1234, hgfhfuo, hgjskxiangtao1852, huangchangqing888, huangcuirong427, huangmeng3412, huangqingge123, huxinlai46454, huxunlong Store, huyongkang50372 and IsignerBeza added to case caption.

NEW PARTIES: ismaelsport, jiachenchen72583, jiangjianliang123, jiangtao34241, Jiangyu00586, jiaqingqing998923, jiazihan3, jimmy33002, jimmy33005, jimmypink, JitangluxianaC, JiunashuokZ, KaneTaki, keertao55213, Keifulao Fitting, Kimberly Thomsen, kongfanli48618, kongxuanyu1123, lanzhongmi15623563, leiguihua907790543, leizhou5875, lichangfen Store, lichuang39796, lichunxiang0121, liguofu54204, lihui3297, lijiaqian83520, likehao48554, lilixiang10085, liming94732, linan14736928, liqi32982, liqiang51010, lishun123, lishuxian56224478, lisiqin520, lisiyu3596, littlemistressuk, liucaie888, liuchuanzheng258, liudao18161, liujianzhao87628, liujindou17566, liuli911922933, liulihong36157, liumin4580, liuping72963, liuqingyao187, Liusitong0514, liuxiaohan Store me, liuxiaowan666, liweiheng, liwenjie5993, liyan42046, liyanan39698, liyang111, Liyang123456, liyanzhen1156, liyiping058991, liyuqing61917, lizhaojian0108, Lizihaon, lliyanhong369, longyongfei711882456, Lulunoho, nawanyi147258, PremiumFS, Sabekillof, surprise tiger, surprise yier, underrcai throwing, wangjintao22785, wangshuling1, wukairui14464, xuzihan35963489 and zhuemu42 added to case caption.

DECLARATION of William B. Kalbac Declaration of Service

MOTION by Plaintiff The Mountain Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

MEMORANDUM by The Mountain Corporation in support of motion for default judgment 34

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 34

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 34 must enter an appearance and file a written objection by 9/26/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 34. The motion 34 is granted. 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 of $100,000 per defendant, 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 defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an 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 surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd., 70 West Madison St., Suite 4000, Chicago, IL 60602 via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 10/5/2022. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 10/5/2022. Mailed notice

MAILED original ten-thousand-dollar ($10,000) surety bond posted by The Mountain Corporation to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd., 70 West Madison St., Suite 4000, Chicago, IL 60602, via certified mail # 7019 2280 0000 0962 7616.

RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 7616.