2022-cv-02866

COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 402, receipt number AILNDC-19518255.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Robert Payton Mcmurray

MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bestway Inflatables & Material Corp.

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment.

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.

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Bestway Inflatables & Material Corp. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for temporary restraining order, 10

Declaration Li Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 1 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 2 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 3 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 4 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 5 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 6 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 7 of Li Declaration

Notice of Claims Involving Trademarks by Bestway Inflatables & Material Corp.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable Edmond E. Chang: In light of the asset-restraint goal, the motion to seal Schedule A 6 is granted. The motion to exceed page limits 9 is granted. On the TRO motion 10, based on a review of the complaint and the TRO brief, the Court raises the propriety of joinder of the 115 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 07/11/2022. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 07/22/2022 at 8:30 a.m.Emailed notice

MEMORANDUM by Bestway Inflatables & Material Corp. Plaintiff's Memorandum in Support of Joinder

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit AA

MINUTE entry before the Honorable Edmond E. Chang: The Court takes the joinder issue under advisement. The tracking status hearing of 07/22/2022 is reset to 09/02/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: On review of the joinder issue, R. 22, 23, the three Defendants referred to in R. 23 (Defendants 2, 3, and 97), are properly joined. The operative Schedule A is now Amended Schedule A as listed in the TRO. The other Defendants are deemed to be dismissed without prejudice. With that modification, 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. By 09/09/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff shall promptly effectuate electronic service. The tracking status hearing of 09/02/2022 is reset to 09/16/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 09/12/2022. In future cases, if the number of Defendants is narrowed, the Plaintiff shall file an Amended Schedule A and shall email an appropriately revised draft order. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/01/2022. Emailed notice

SURETY BOND in the amount of $10,000.00 posted by Bestway Inflatables & Material Corp. (Document Not Scanned)

MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

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's extension motion on the TRO 28 is granted through 09/29/2022. Based on the Court's schedule, the Plaintiff shall file a motion for preliminary injunction by 09/20/2022, if appropriate. The tracking status hearing of 09/16/2022 is reset to 10/07/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for preliminary injunction 30

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 30

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/20/2022, answer due 10/11/2022.

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TROs, the motion for preliminary injunction 30 is granted. The tracking status hearing of 10/07/2022 is reset to 10/28/2022 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 the joint initial status report by 10/20/2022. If the Defendants have not answered by the 10/11/2022 deadline, then they are deemed to be in default, and the Plaintiff shall instead file a motion for default judgment on 10/20/2022. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 09/22/2022. Emailed notice

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiff Bestway Inflatables & Material Corp. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for default judgment 37

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 37

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of an answer, the Plaintiff's motion for default judgment 37 is granted against each of the three Defendants. Statutory damages are awarded in the amount of fifty-thousand dollars ($50,000) as to each Defendant. In light of the finding of willfulness arising from the default, a permanent injunction is also entered. A separate AO-450 judgment will be entered. The tracking status hearing of 10/28/2022 is vacated. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 10/27/2022. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 10/27/2022. Emailed notice