2022-cv-02851

COMPLAINT filed by Monster Energy Company; Filing fee $ 402, receipt number AILNDC-19516291.

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.

(Trademarks)

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

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 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Bruce Kingsland regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Monster Energy Company Exhibit 3 - Parts 1-3 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

(Exhibit 3-3)

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 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, asset restraint, and expedited discovery, and motion for electronic service of process [3] [13] [18] are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. 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 injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 6/13/2022. Notices mailed.

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

SURETY BOND in the amount of $ 50,000 posted by Monster Energy Company. (Document not imaged)

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

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[24]

Declaration of Allyson M. Martin

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 24 is granted. The TRO is extended to 7/11/22.

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

Exhibit A

MEMORANDUM by Monster Energy Company in support of motion for preliminary injunction, extension of time[27]

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 7/6/2022, answer due 7/27/2022.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 7/11/2022. 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 27 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 7/12/2022. Notices mailed.

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NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendants

NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendant

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[35]

Exhibit 1

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

Exhibit 1

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for default judgment must be properly filed by 8/17/22. If no objections are filed the motion will be considered unopposed. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: No defendants have appeared to object to the motion for entry of default judgment. The motion [35] is granted. Based on the evidence submitted in support of the temporary restraining order and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's intellectual property irreparably harms plaintiff 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 plaintiff's 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. Notices mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 8/23/2022. Notices mailed.

NOTICE of withdrawal of Surety Bond [23] by John Summerfield, Greer, Burns & Crain, Ltd.

FULL SATISFACTION of Judgment regarding order[40] in the amount of $100,000 as to certain defendant