2022-cv-02722

2022-cv-02722 Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :5/23/2022
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

May 23, 2022

COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 402, receipt number AILNDC-19493077.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

2

May 23, 2022

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint[1]

3

May 23, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal

4

May 23, 2022

CIVIL Cover Sheet

5

May 23, 2022

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc.

6

May 23, 2022

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc.

7

May 23, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio

8

May 23, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler

9

May 23, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Isaku Begert

10

May 23, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph

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.)

11

May 24, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson

12

May 24, 2022

MAILED trademark report to Patent Trademark Office, Alexandria VA

13

May 24, 2022

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

14

May 25, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

15

May 25, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for temporary restraining order 14

16

May 25, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

17

May 25, 2022

DECLARATION of Chris Harrs regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

(Exhibit 3)

18

May 25, 2022

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 - Parts 1-4 regarding declaration 17

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

(Exhibit 4-4)

19

May 25, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

20

May 25, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for miscellaneous relief 19

21

May 25, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

Exhibit 1

(Exhibit 2)

22

June 6, 2022

MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [19] are set for a telephonic hearing on 6/9/2022 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

23

June 8, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Allyson M. Martin

24

June 9, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 6/9/2022. For the reasons stated on the record, Plaintiffs' motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of the domain names, a temporary asset restraint, and expedited discovery 14 and motion for electronic service of process pursuant to Fed. R. Civ. P 4(f)(3) 19 are granted. Enter Sealed Temporary Restraining Order. The Clerk shall maintain the Schedule A 2, Exhibit 4 to the Declaration of Chris Harris 18 and the Sealed Temporary Restraining Order under seal until further order of the Court. The Temporary Restraining Order is entered effective 10:30 AM on 6/9/2022 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 6/23/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

26

June 15, 2022

SURETY BOND in the amount of $ 10,000 posted by Spin Master Ltd., Spin Master, Inc. (Document not scanned)

27

June 20, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

28

June 20, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time[27]

Declaration of Isaku Begert

29

June 23, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 6/23/2022. Plaintiff's ex parte motion to extend the temporary restraining order 27 is granted. The Court finds good cause to extend the temporary restraining order by an additional 14 days until 7/7/2022. Telephonic status hearing set for 7/7/2022 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

30

July 1, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order

(Exhibit A)

31

July 1, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction, extension of time, 30

Declaration of Isaku M. Begert

(Exhibit 1)

32

July 1, 2022

SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/1/2022, answer due 7/22/2022.

Declaration of Justin T. Joseph

(Exhibit A)

33

July 7, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Kahlia Roe Halpern

34

July 7, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 7/7/2022. Only Plaintiff appears. For the reasons stated on the record, Plaintiffs' motion for entry of a preliminary injunction 30 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal Schedule A 2, Exhibit 4 to the Declaration of Chris Harris 18 and the Sealed Temporary Restraining Order 25. Greer, Burns & Crain, Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website www.ilnd.courts.com/instructions. Telephonic status hearing set for 8/25/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

35

July 7, 2022

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Andrea R. Wood on 7/7/2022. Mailed notice

NEW PARTIES: Hangzhou Dongwang Technology Co., Hefei Emay Arts & Crafts Co., Qingdao Bazhizhi Culture Co., Shantou Diya Trading Co., Shenzhen Deeblue Toys & Gifts Co., Shenzhen Yuntian Technology Co., Xinxiang Dixini E-Commerce Co., Xinxiang Puruige Import And Export Trading Co., Yiwu Furui E-Commerce Co., Yiwu Longfei Garment Co., Yiwu Montanas Import And Export Co., Yiwu Paidong Import & Export Co., Yiwu Rose Arts & Crafts Co., Yiwu Yuyue Trading Co., Zhejiang Yiwu Zhenhang Clothing Co., Barda Cos Factory Store, BigJ beautiful toy Store, DisneyT Party Store, elsa's wholesale store, Fun pop game Store, Good Stationery Store, I can do it Store, Kirby WonderLand Store, little fatty Store, LY 666 Store, Mdd Toy Store, Merry Go Toy Store, Nitreesource1981 Store, okbackdrop Store, Puredesign Store, Shop2823130 Store, Shop912626296 Store, Small fruit Store, Smartstar Store, Strange clothes store Store, Takara-Tomy HomeDIY Store, WangQianYu Store, WZ Building Block House Store, YOUDAY Store, HaoEi-, BMlouyingying, Soocute, Weishengda, huanglonmaoyi, jfhkhkkjk2525, wenzhoushianliaofangbaodianqiyouxiangongsi, telike, HengYangShangMaoYouXianGongSi, DRILL HHS, A1HM4EBM1HT5W6, ZQDDP, sunfay, Kempo, xiangpiaosiji, IMOEJOY-US, Xufengyuan, qingbianshangmao SHOP, Unforgettable Party US, LiRuofeng US, haoshengshengdamaijia, meet varitystore, A2DPDMWV3GHNOP, BMzhangliangfeng, USLEH, HHahamin, CONHENCI Sports Culture Communication, LAOBEIKUN2022, boshuijun, ShanXiYinYunXiaZiWenHuaChuanMeiYouXianGong, huainanshilingtengwangluokejiyouxiangongsi2, AFSAF, Yongen Boutique, LV Guangkuo, hefeituangongshangwuyouxi, BMguoyanlin, PIDINSAN, Chen Yong Jiu De Shang Pu, aidongjiaoyu, panmeishun, CX-Game, LQQNB, yeyushangmaoshop, ZhouGuoFen, Wu Shuang Shops, Groffry Spen, Monkeeky, AnHuiXiangCouWangLuoKeJiYouXianGongSi, YI JIA WANG, RUI JIA, yguiumnjk, HONGKAI TECHNOLOGY GROUP LIMITED9, X dream, changchunshiqinashangmaoyouxiangongsi1, AA8R0YY586ARX, Oriental Hero1, AB7LDAV97E3R8, tangyingshop, shuangpaiguangchengbaihuodian, qiqihaershibingqianshangmaoyouxiangongsi, qqjoys, linshenghaoo, mybarley, ZHOCNMLimited, huangkunbo, RedCherry-US, Aomeily and LANDAF_US added to case caption. (Text entry; no document attached.)

36

July 15, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs as to a certain defendant

37

July 29, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

38

Aug. 3, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants

Exhibit A

39

Aug. 3, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment[38]

Exhibit 1

40

Aug. 3, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[39]

Exhibit 1

41

Aug. 4, 2022

ATTORNEY Appearance for Defendant Aomeily by Adam Edward Urbanczyk

42

Aug. 4, 2022

MOTION by Defendant Aomeily for extension of time

43

Aug. 4, 2022

MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for entry of default and default judgment 38 is set for a telephonic hearing on 8/25/2022 at 09:45 AM. Any party wishing to be heard on a motion shall file an appearance and contact the Courtroom Deputy for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

44

Aug. 19, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to a certain defendant

45

Aug. 19, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

46

Aug. 23, 2022

MOTION by Attorney Isaku M. Begert to withdraw as attorney for Spin Master Ltd., Spin Master, Inc. No party information provided

47

Aug. 24, 2022

MINUTE entry before the Honorable Andrea R. Wood: Motion to withdraw as counsel [46] is granted. Attorney Isaku Begert is terminated as counsel of record. Mailed notice

48

Aug. 24, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Marcella Deshonda Slay

49

Aug. 25, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 8/25/2022. For the reasons stated on the record, Defendant Aomeily's motion for extension of time to file a response to Plaintiff's complaint [42] is granted. Defendant Aoemeily shall file an answer or otherwise respond by 9/15/2022. By 9/1/2022, Plaintiff shall file a supplement to its motion for default judgment amending the Schedule A to identify which Defendants are alleged to have committed trademark infringement and which are alleged to have committed copyright infringement. Telephonic status hearing set for 9/28/2022 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

50

Aug. 31, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to a certain Defendant

51

Aug. 31, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to supplement Motion for Entry of Default Judgment for the Purpose of Amending the Schedule A

Exhibit 1

52

Sept. 15, 2022

MOTION by Defendant Aomeily for extension of time

53

Sept. 16, 2022

MINUTE entry before the Honorable Andrea R. Wood: Defendant Aomeily's motion for extension of time [52] is granted. Defendant Aoemeily shall file an answer or otherwise respond to Plaintiffs' complaint by 10/6/2022. Mailed notice

54

Sept. 28, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/28/2022. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment [38] and motion to supplement the motion for entry of default judgment for the purpose of amending the schedule A [51] are granted. The Court enters default as to all remaining defendants in accordance with FRCP 55(a). Enter Default Judgment Order. Telephonic status hearing set for 10/18/2022 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

55

Sept. 28, 2022

FINAL JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 9/28/2022. Mailed notice

56

Sept. 30, 2022

FULL SATISFACTION of Judgment regarding order[55] in the amount of $100,000 as to a certain defendant

57

Oct. 6, 2022

MOTION by Defendant Aomeily for extension of time

58

Oct. 18, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 10/18/2022. For the reasons stated on the record, Defendant Aomeily's motion for extension of time [57] is granted. Defendant Aoemeily shall file an answer or otherwise respond to the complaint by 10/27/2022. Telephonic status hearing set for 11/2/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

63

Oct. 20, 2022

NOTICE of withdrawal of surety bond[26] in the amount of $ 10,000 posted by Spin Master Ltd., Spin Master, Inc. by John Summerfield.

59

Nov. 2, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/2/2022 and continued to 12/7/2022 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

60

Nov. 4, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default as to Defendant Aomeily, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to Defendant Aomeily

Exhibit A

61

Nov. 4, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment, [60]

62

Nov. 4, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[61]

Exhibit 1

64

Nov. 21, 2022

MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for entry of default and default judgment as to Defendant Aomeily [60] will be heard at the telephonic hearing set for 12/7/2022 at 10:00 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

65

Dec. 7, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Jake Michael Christensen

66

Dec. 7, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held. For the reasons stated on the record, Plaintiffs' motion for entry of default and default judgment as to Defendant Aomeily [60] is granted. The Court enters default against Defendant Aomeily in accordance with FRCP 55(a). Enter final judgment order. As all claims against all Defendants have now been resolved, the case will be closed. Civil case terminated. Mailed notice

67

Dec. 7, 2022

FINAL JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 12/7/2022. Mailed notice

68

Dec. 12, 2022

MAILED trademark report with certified copy of final judgment order to Patent Trademark Office, Alexandria VA

69

Jan. 26, 2023

FULL SATISFACTION of Judgment regarding order 55 in the amount of $100,000 as to certain defendant

70

April 13, 2023

FULL SATISFACTION of Judgment regarding order 55 in the amount of $500,000 as to certain defendants

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