2022-cv-02743

COMPLAINT filed by Monster Energy Company; Filing fee $ 402, receipt number AILNDC-19497485.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Monster Energy Company Schedule A regarding complaint[1]

MOTION by Plaintiff Monster Energy Company for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Monster Energy Company

Notice of Claims Involving Trademarks by Monster Energy Company

ATTORNEY Appearance for Plaintiff Monster Energy Company by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Monster Energy Company by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Monster Energy Company by Allyson M. Martin

ATTORNEY Appearance for Plaintiff Monster Energy Company by Thomas Joseph Juettner

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 Monster Energy Company against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Monster Energy Company Schedule A regarding amended complaint, [13]

MOTION by Plaintiff Monster Energy Company for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Monster Energy Company 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 Bruce Kingsland regarding memorandum in support of motion 16

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Monster Energy Company Exhibit 3 regarding declaration 18

MOTION by Plaintiff Monster Energy Companyfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Monster Energy Company in support of motion for miscellaneous relief 20

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21

Exhibit 1

(Exhibit 2)

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) (as well as the copyright-statute analogue), 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 07/05/2022, the Plaintiff shall email to the courtroom deputy (Michael_Wing@ilnd.uscourts.gov) 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 20 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 07/08/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/01/2022. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Edmond E. Chang on 6/27/2022.

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

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 06/27/2022. Emailed notice

MOTION by Plaintiff Monster Energy Company for extension of time of Temporary Restraining Order

MEMORANDUM by Monster Energy Company in support of extension of time 26

(Declaration of Allyson M. Martin)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the initial TRO, the Plaintiff'' extension motion on the TRO 26 is granted through 07/25/2022. The tracking status hearing of 07/08/2022 is reset to 07/22/2022 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 the preliminary injunction motion (if appropriate) by 07/18/2022. Emailed notice

MOTION by Plaintiff Monster Energy Company for preliminary injunction

(Exhibit A)

MEMORANDUM by Monster Energy Company in support of motion for preliminary injunction 29

Declaration of Allyson M. Martin

(Exhibit 1)

SUMMONS Returned Executed by Monster Energy Company as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/18/2022, answer due 8/8/2022.

Declaration of Thomas J. Juettner

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: In light of the facts that justified the entry of the TRO, the preliminary injunction motion 29 is granted. Given the 08/08/2022 answer deadline, R. 31, the parties shall file the joint initial status report on 08/15/2022. If the Defendants do not answer by 08/08/2022, then they are deemed in default and the Plaintiff shall instead file a motion for default judgment on 08/15/2022. The tracking status hearing of 07/22/2022 is reset to 08/26/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 07/21/2022. Emailed notice

NEW PARTIES: zonlon added to case caption.

MOTION by Plaintiff Monster Energy Company for entry of default, MOTION by Plaintiff Monster Energy Company for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Monster Energy Company in support of motion for entry of default, motion for default judgment[34]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[35]

Exhibit 1

MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for default judgment [34], along with the supporting exhibits (including the previously filed exhibits in support of provisional relief), the motion is granted in part. Statutory damages are awarded in the amounts of $25,000 on trademark infringement and $10,000 on copyright infringement. In light of the finding of willfulness arising out of the default, a permanent injunction is entered. The tracking status hearing of 08/26/2022 is vacated. Civil case terminated Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 08/17/2022. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 08/17/2022. Emailed notice

MAILED Trademark report to Patent Trademark Office, Alexandria VA

(Closing Order)