2022-cv-02755

COMPLAINT filed by Khara Inc., Ground Works Co., Ltd.; Filing fee $ 402, receipt number AILNDC-19500889.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

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. (jk2,)

SEALED DOCUMENT by Plaintiffs Ground Works Co., Ltd., Khara Inc. Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Keith A. Vogt

ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Yanling Jiang

ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Yi Bu

ATTORNEY Appearance for Plaintiffs Ground Works Co., Ltd., Khara Inc. by Adam Grodman

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (jk2,)

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. (jk2,)

MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for leave to file under seal

MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. 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 Yasuhiro Kamimura

Exhibit 1, of Yasuhiro Kamimura's declaration

SEALED EXHIBIT by Plaintiffs Ground Works Co., Ltd., Khara Inc. Sealed Exhibit 2, Declaration of Yasuhiro Kamimura regarding memorandum in support of motion, [11]

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MINUTE entry before the Honorable Manish S. Shah: Plaintiffs' ex parte motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process, motion for excess pages, and motion to seal 8 9 10 are granted. The plaintiffs' written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiffs' interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits as to the defendants listed in the Schedule A, the harm to plaintiffs is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiffs' ability to control their intellectual property and causes consumer confusion. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. A $50,000 bond is sufficient to secure the injunction, and must be posted within one week. Enter Sealed TRO. Mailed notice.

SEALED ORDER. Signed by the Honorable Manish S. Shah on 6/7/2022.

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

SURETY BOND in the amount of $ 50,000.00 posted by Khara Inc.

MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [18] is granted. The TRO is extended to 7/5/22.

MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for preliminary injunction

MEMORANDUM by Ground Works Co., Ltd., Khara Inc. in support of motion for preliminary injunction[20]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

SUMMONS Returned Executed by Khara Inc., Ground Works Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/22/2022, answer due 7/13/2022.

Declaration of Service

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction 20 must be properly filed by 6/30/2022. If no objections are filed, the motion will be considered unopposed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction 20 is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. Enter preliminary injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 7/1/2022. Notices mailed.

NEW PARTIES: QiQiXia Costume Store, Quality cotton TEES333 Store, RAL Gamer Store, Shop1100141282 Store, Shop1100174313 Store, Shop1100220113 Store, Shop1100370049 Store, Shop2963021 Store, Shop5598088 Store, Shop5880550 Store, Shop910458068 Store, Shop910547070 Store, Shop910569322 Store, Shop911028059 Store, Shop911194237 Store, Shop912333195 Store, SmileMom Store, SW Factory No.3 Store, tshirtshopp Franchised Store, Tsukimori Store, VivaBoutique Store, webster Store, WYFC Store, Yingtan Yuedian Store, YQHnanzhuangdian Store, YUNIBOBO Store, ZHANG TAO Store and Zororong No8 Store Store added to case caption.

NOTICE of Voluntary Dismissal by All Plaintiffs

MOTION by Plaintiffs Ground Works Co., Ltd., Khara Inc. for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Ground Works Co., Ltd., Khara Inc. in support of motion for default judgment[27]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for default judgment must be properly filed by 7/22/22. If no objections are filed, the motion will be considered unopposed. Notices mailed.

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Manish S. Shah: No defendants have appeared to object to plaintiffs' motion for entry of default judgment. The motion [27] is granted. Based on the evidence submitted in support of the temporary restraining order and the admission of liability by virtue of the default, plaintiffs have established that a permanent injunction should be entered. The infringement of plaintiffs' intellectual property irreparably harms plaintiffs and confuses the public. The infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants, the strong value of the plaintiffs' brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Default Judgment Order. Terminate civil case. Mailed notice

DEFAULT JUDGMENT ORDER signed by the Honorable Manish S. Shah on 7/25/2022. Mailed notice

MAILED Trademark report, along with certified copies of order and judgment dated 7/25/2022 to Patent Trademark Office, Alexandria VA

NOTICE of Voluntary Dismissal by All Plaintiffs