2022-cv-02505

COMPLAINT filed by Bad Vibes Forever, LLC; Filing fee $ 402, receipt number AILNDC-19458247.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff Bad Vibes Forever, LLC Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yi Bu

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Adam Grodman

NEW PARTIES: The Partnerships and Unincorporated Associations Identified on Schedule A added to case caption.

MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file under seal

MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file excess pages

MEMORANDUM in support of [10] Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Robert A. Celestin, Esq.

Exhibit 1, of Robert A. Celestin, Esq.'s declaration

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bad Vibes Forever, LLC

MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file [CORRECTED] Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Bad Vibes Forever, LLC [Amended] Schedule A to Complaint (1)

SEALED EXHIBIT by Plaintiff Bad Vibes Forever, LLC Sealed Exhibit 2, Declaration of Robert A. Celestin, Esq. regarding memorandum in support of motion, [11]

MAILED Trademark report to Patent Trademark Office, Alexandria VA

(Supplement)

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 10 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 Defendants 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 Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motions 8, 13 for leave to file under seal is granted in light of the asset-restraint goal. The redacted version of the TRO that can be entered publicly will be posted on the docket. The Plaintiff's motion 9 for extra pages 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 05/27/2022. Emailed notice

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

PUBLIC VESSION 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 Bad Vibes Forever, LLC for extension of time of the Temporary Restraining Order

SURETY BOND in the amount of $ 10,000 posted by Bad Vibes Forever, LLC. (document not imaged)

MOTION by Plaintiff Bad Vibes Forever, LLC for preliminary injunction

MEMORANDUM by Bad Vibes Forever, LLC in support of motion for preliminary injunction[23]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

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

Declaration of Service

MINUTE entry before the Honorable Edmond E. Chang: The extension motion 21 on the TRO is terminated without prejudice in light of the subsequent preliminary injunction motion. That motion 23 is granted because of the continued applicability of the circumstances that warranted entry of the TRO. Given 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 Defendants are 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

MOTION by Plaintiff Bad Vibes Forever, LLC for default judgment as to The Defendants Identified In The [Amended] Schedule A

MEMORANDUM by Bad Vibes Forever, LLC in support of motion for default judgment 28

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

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: On review of the Plaintiff's motion for default judgment 28, the Plaintiff shall file a supplement by 07/08/2022 identifying the specific pages in R. 15 that pertain to the two Defendants in Amended Schedule A. (In future cases, after filing Amended Schedule A, the Plaintiff's counsel must file exhibits of the online store (or stores) that pertain only the amended schedule.) The tracking status hearing of 07/08/2022 is reset to 07/15/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SUPPLEMENT to terminate hearings, set/reset hearings, 31

ORDER signed by the Honorable Edmond E. Chang. The Plaintiff's motion for default judgment is granted (although with a lower statutory damages award than sought). Statutory damages are awarded in the amount of $35,000. In light of the finding of willfulness, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 07/15/2022 is vacated. Civil case terminated. Mailed notice

ENTERED JUDGMENT. Mailed notice