2022-cv-02472

COMPLAINT filed by Converse Inc.; Filing fee $ 402, receipt number AILNDC-19450128.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Converse Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Converse Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Converse Inc.

Notice of Claims Involving Trademarks by Converse Inc.

ATTORNEY Appearance for Plaintiff Converse Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Converse Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Converse Inc. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Converse Inc. 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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

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

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang, for all further proceedings pursuant to IOP 13(f). Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 5/16/2022.

AMENDED complaint by Converse Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Converse Inc. Schedule A regarding amended complaint 14

MOTION by Plaintiff Converse Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Converse Inc. in support of motion for temporary restraining order 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Joe Pallett regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Converse Inc. Exhibit 3 regarding declaration 19

(Exhibit 3)

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

MEMORANDUM by Converse Inc. in support of motion for miscellaneous relief 21

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

Exhibit 1

(Exhibit 2)

ATTORNEY Appearance for Plaintiff Converse Inc. by Marcella Deshonda Slay

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 16 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 06/01/2022, 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 06/01/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/25/2022. Emailed notice

REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/25/2022. Emailed notice

MOTION by Plaintiff Converse Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Converse Inc. in support of extension of time[27]

Declaration of Jake M. Christensen

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the extension motion [27]on the TRO is granted through 06/22/2022. The tracking status hearing of 06/03/2022 is reset to 06/24/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) on 06/20/2022 or a status report. Emailed notice

CIVIL BOND in the amount of $ 1,000.00 check, Receipt No. 4624272573, posted by Converse Inc.

MOTION by Plaintiff Converse Inc. for preliminary injunction, MOTION by Plaintiff Converse Inc. for extension of time of Temporary Restraining Order

Exhibit A

MEMORANDUM by Converse Inc. in support of motion for preliminary injunction, extension of time[31]

Declaration of Jake M. Christensen

Exhibit 1

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

SUMMONS Returned Executed by Converse Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/21/2022, answer due 7/12/2022.

Declaration of Jake M. Christensen

(Exhibit 1)

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

PRELIMINARY INJUNCTION signed by the Honorable Edmond E. Chang on 6/23/2022: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion 31 for preliminary injunction is granted. In light of the answer deadline of 07/12/2022, the tracking status hearing of 06/24/2022 is reset to 07/29/2022 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 the joint initial status report by 07/22/2022. If the Defendants do not answer by 07/12/2022, then they are deemed in default, and the Plaintiff instead shall file a motion for default judgment in a sum certain by 07/22/2022. Emailed notice

NEW PARTIES: Shop1100004008 Store added to case caption.

MOTION by Plaintiff Converse Inc. for entry of default as to all Defendants, MOTION by Plaintiff Converse Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Converse Inc. in support of motion for entry of default, motion for default judgment 35

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 36

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: The default judgment motion 35 is under advisement. The tracking status hearing of 07/29/2022 is reset to 08/05/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for default judgment [35] is granted in part. In light of the default and the facts established by it (including willfulness), a permanent injunction is appropriate. The statutory damages award is $35,000, as explained in the order. A separate AO-450 judgment shall be entered. The tracking status hearing of 08/05/2022 is vacated. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 08/02/2022. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 08/02/2022. Emailed notice

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

(Closing Minute Entry dated 8/2/2022)