2022-cv-02442

COMPLAINT filed by Kenzo SA; Filing fee $ 402, receipt number AILNDC-19444811.

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Exhibit 2

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Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Kenzo SA Schedule A regarding complaint[1]

MOTION by Plaintiff Kenzo SA for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kenzo SA

Notice of Claims Involving Trademarks by Kenzo SA

ATTORNEY Appearance for Plaintiff Kenzo SA by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Kenzo SA by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Kenzo SA by Allyson M. Martin

ATTORNEY Appearance for Plaintiff Kenzo SA by Kasey Leigh Ewald

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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

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

AMENDED complaint by Kenzo SA against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

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Exhibit 4

(Exhibit 5)

SEALED EXHIBIT by Plaintiff Kenzo SA Schedule A regarding amended complaint 13

MOTION by Plaintiff Kenzo SA for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Kenzo SA in support of motion for temporary restraining order 15

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 16

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Nicolas Lambert regarding memorandum in support of motion 16

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Kenzo SA Exhibit 3 regarding declaration 18

SEALED EXHIBIT by Plaintiff Kenzo SA Exhibit 4 regarding declaration 18

MOTION by Plaintiff Kenzo SAfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Kenzo SA in support of motion for miscellaneous relief 21

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 22

Exhibit 1

Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [15] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 05/31/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The Plaintiff's motion [21] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 06/03/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/31/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/23/2022. Emailed notice

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/23/2022. Emailed notice

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

MOTION by Plaintiff Kenzo SA for preliminary injunction

Exhibit A

MEMORANDUM by Kenzo SA in support of motion for preliminary injunction[27]

Declaration of Allyson M. Martin

Exhibit 1

SUMMONS Returned Executed by Kenzo SA as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/31/2022, answer due 6/21/2022.

Declaration of Kasey L. Ewald

Exhibit A

check BOND in the amount of $ 1000.00 posted by Kenzo SA, receipt number 4624272452

MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the circumstances that justified the TRO, the motion for preliminary injunction 27 is granted. In light of the answer deadline of 06/21/2022, the tracking status hearing of 06/03/2022 is reset to 07/01/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint initial status by 06/24/2022. If the Defendant is in default, then (on the same date) the Plaintiff shall file a default-judgment motion. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/02/2022. Emailed notice

NEW PARTIES: shopkenzo.com added to case caption.

MOTION by Plaintiff Kenzo SA for entry of default, MOTION by Plaintiff Kenzo SA for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Kenzo SA in support of motion for entry of default, motion for default judgment 32

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 33

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: In light of the pending default-judgment motion, the tracking status hearing of 07/01/2022 is reset to 07/08/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for default judgment 32 is granted. Statutory damages are awarded in the amount of $50,000. Permanent injunction entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 07/08/2022 is vacated. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 07/04/2022. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy 07/04/2022. Emailed notice