2022-cv-02497

COMPLAINT filed by Kenzo SA; Filing fee $ 402, receipt number AILNDC-19456041.

Exhibit 1

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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

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

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 the provisions of 28 USC 294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 05/16/2022.

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

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SEALED EXHIBIT by Plaintiff Kenzo SA Schedule A regarding amended complaint[14]

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 16

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

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Nicolas Lambert regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Kenzo SA Exhibit 3 regarding declaration 19

SEALED EXHIBIT by Plaintiff Kenzo SA Exhibit 4 regarding declaration 19

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 22

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 23

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Exhibit 2

(Exhibit 3)

ATTORNEY Appearance for Plaintiff Kenzo SA by Kahlia Roe Halpern

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.

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [11] 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). Similar principles apply in copyright cases. 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 02/21/2023, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion [22] 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 03/03/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 02/24/2023. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/14/2023. Emailed notice

ATTORNEY Appearance for Plaintiff Kenzo SA by Berel Yonathan Lakovitsky

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

BOND in the amount of $ 1,000.00 via check, Receipt No. 4624282845, posted by Kenzo SA

MOTION by Plaintiff Kenzo SA for preliminary injunction

Exhibit A

MEMORANDUM by Kenzo SA in support of motion for preliminary injunction[30]

Declaration of Kahlia R. Halpern

Exhibit 1

SUMMONS Returned Executed by Kenzo SA as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/24/2023, answer due 3/17/2023.

Declaration of Berel Y. Lakovitsky

Exhibit A

MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction is granted. Given the answer deadline of 03/17/2023, the tracking status hearing of 03/03/2023 is reset to 03/31/2023 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 03/22/2023, or if the Defendant has not answered as of 03/17/2023, then the Defendant shall be deemed in default and the Plaintiff shall file a motion for default judgment by 03/22/2023. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable Edmond E. Chang on 2/25/2023. Mailed notice

NEW PARTIES: kenzofactoryoutlet.com added to case caption.

MOTION by Plaintiff Kenzo SA for entry of default as to all Defendants, 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[35]

Exhibit 1

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

Exhibit 1

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 03/22/2023: In light of the absence of a timely answer, the motion for default judgment 35 is granted. As explained in the order, judgment entered in is favor of the Plaintiff and against the Defendants in the total amount of sixty-thousand dollars ($60,000). Permanent injunction entered given the finding of willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 03/31/2023 is vacated. Civil case terminated. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 03/22/2023. Emailed notice