2022-cv-02378

COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-19435566.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray

MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.)

MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Emoji Company GmbH 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 Emoji Company GmbH in support of motion for temporary restraining order, 10

Declaration Santiago Declaration

Exhibit 1

Declaration Reiter Declaration

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 8 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 9 of Reiter Declaration

Notice of Claims Involving Trademarks by Emoji Company GmbH

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 10 is granted. Plaintiff's motions for leave to file under seal 6 and for leave to exceed page limitation 9 are granted. Enter temporary restraining order.Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 5/10/2022. Mailed notice

SURETY BOND in the amount of $ $250,000.00 posted by Emoji Company GmbH (Document not scanned)

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 192

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 27, defendant Pure's Designs is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 144

MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 29, defendant Joesony is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 30 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 5/20/2022:Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 233, 234

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 34, defendants Wll and Woodmin Official are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 218

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 36, defendant TauartCD is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 130, 242

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 38, defendants gulir zaj and Yiwes are dismissed from this case. Mailed notice

MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 40

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 40

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 38, defendants gulir zaj and Yiwes are dismissed from this case. Mailed notice

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (Text entry; no document attached.)

SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/2/2022, answer due 6/23/2022.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 224

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 40 is granted. Enter preliminary injunction order. Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 6/6/2022. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 45, defendant Time together is dismissed from this case. Mailed notice

ATTORNEY Appearance for Defendant Winlyn by Peter James Curtin

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 38, 193

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [50], defendants thesilvermiststudio and Puredecor are dismissed from this case.Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 177

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [52], defendant NguyenNgocThuy is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 126, 158, 211

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [54], defendants Nos. 126, 158, and 211 are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 161

MOTION by Defendant Winlyn for leave to file excess pages

MOTION by Defendant Winlyn to set aside order[47] Winlyn's motion to Dissolve Preliminary Injunction

MOTION by Defendant Winlyn to set aside MOTION by Defendant Winlyn to set aside order[47] Winlyn's motion to Dissolve Preliminary Injunction[58], MOTION by Defendant Winlyn for leave to file excess pages [57] Memorandum of Law in Support of Winlyn's Motion to Dissolve Preliminary Injunction

Declaration

Exhibit

Exhibit

Exhibit

Declaration

Exhibit

Exhibit

Exhibit

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [56], defendant LordRoadS is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: Defendant Winlyn's motion for leave to exceed the page limits of Local Rule 7.1 [57] is granted. Defendant Winlyn's motion to dissolve the preliminary injunction [58] is taken under advisement. The plaintiff's response is due by 06/24/2022; the defendant's reply is due by 07/01/2022. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 121, 159, 184, 222

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [62], defendants Nos. 121, 159, 184, and 222 are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 198

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [64], defendant Qurly is dismissed from this case.Mailed notice

Defendant Winlyn's ANSWER to Complaint with Jury Demand by Winlyn

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 40, 41, 155, 199

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [67], defendants Nos. 40, 41, 155, and 199 are dismissed from this case. Mailed notice

RESPONSE by Plaintiff Emoji Company GmbH Plaintiff's Response to Defendant No. 232 "WINLYN'''S Motion to Dissolve the Preliminary Injunction and/or Lift the Asset Freeze

Exhibit A

Exhibit B

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 138

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [70], defendant INMOTION XINFU is dismissed from this case.Mailed notice

MOTION by Plaintiff Emoji Company GmbHJoint Motion for Entry of an Agreed Asset Restrain Order

MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion for entry of asset restraint order [72] is granted. Enter order. Mailed notice

AGREED Asset Restraint Order Signed by the Honorable John J. Tharp, Jr on 7/1/2022. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 108, 215

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [75], defendants DDREAMM and Su-Hor US (Fast Shipping 6-12 Days) are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 111

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [77], defendant Dongking is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 39

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [79], defendant wangti-67 is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 227

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [81], defendant VERYN is dismissed from this case.Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 64

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [83], defendant Guoxuan International is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 110

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [85], defendant DEQUANM is dismissed from this case. Mailed notice

DECLARATION of William B. Kalbac Declaration of Service

MOTION by Plaintiff Emoji Company GmbH 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 Emoji Company GmbH in support of motion for default judgment 88

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment[88]

Exhibit Hierl Exhibit 1

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment [88] is taken under advisement. Any objections or responses are due by 10/27/2022. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 186

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [92], defendant Ownet is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment [88] is granted. Enter default judgment order. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 11/1/2022. Mailed notice

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [96], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant Hegebeck US. Mailed notice

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [98], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant PRETTY JEWELLERY. Mailed notice

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [100], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant lovely_home674. Mailed notice

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [103], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant fame_starjewels7867. Mailed notice

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [105], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant 59. Mailed notice

ORDER Signed by the Honorable John J. Tharp, Jr on 9/29/2023: For the reasons set forth in the Statement below, defendant Winlyn's motion to dissolvethe preliminary injunction and/or lift asset restraint [58] is granted. Winlyn is no longer enjoined from engaging in any of the conduct proscribed by the Court's prior order [47], and all restraints on third-party conduct set forth in that order are lifted insofar as they relate to Emoji Company'sclaims against Winlyn specifically. Winlyn is required to answer the complaint on or before 10/23/23 and the parties are directed to file a joint status report containing a proposed case management schedule, including any disputes between the parties as to the proposed schedule by that date as well. (See Order for further details). Mailed notice

STIPULATION of Dismissal Stipulation of Dismissal with Prejudice as to Defendant No. 232 "Winlyn"

STATUS Report by Emoji Company GmbH

MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of stipulation of dismissal as to defendant Winlyn [108] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this matter is concluded. All deadlines are stricken, and any pending motions are denied as moot. Civil Case Terminated. Mailed notice

GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey Cummings for all further proceedings. Honorable John J. Tharp, Jr. no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023.

ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice.