2022-cv-03204

COMPLAINT filed by Bad Vibes Forever, LLC; Filing fee $ 402, receipt number AILNDC-19577038.

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.

SEALED DOCUMENT by Plaintiff Bad Vibes Forever, LLC Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yi Bu

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Adam Grodman

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bad Vibes Forever, LLC

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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 Bad Vibes Forever, LLC for leave to file [Certain] Documents Under Seal

MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file excess pages

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

MEMORANDUM In Support of 11 Ex Parte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, Declaration of Keith Vogt

Declaration of Robert A. Celestin, Esq.

(Exhibit 1, Declaration of Robert A. Celestin, Esq.)

SEALED EXHIBIT by Plaintiff Bad Vibes Forever, LLC Sealed Exhibit 2, Declaration of Robert A. Celestin, Esq. regarding memorandum in support of motion, 12

Exhibit 2, Part 1

Exhibit 2, Part 2

Exhibit 2, Part 3

Exhibit 2, Part 4

Exhibit 2, Part 5

Exhibit 2, Part 6

Exhibit 2, Part 7

Exhibit 2, Part 8

Exhibit 2, Part 9

(Exhibit 2, Part 10)

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for excess pages, and motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process [9] [10] [11] 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 7/1/2022. 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 Bad Vibes Forever, LLC. (Document not Scanned)

MOTION by Plaintiff Bad Vibes Forever, LLC for extension of time for Extension of Temporary Restraining Order

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 17 is granted. The TRO is extended to 7/29/22.

MOTION by Plaintiff Bad Vibes Forever, LLC for preliminary injunction

MEMORANDUM by Bad Vibes Forever, LLC in support of motion for preliminary injunction 19

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Bad Vibes Forever, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/29/2022, answer due 8/19/2022.

(Declaration of Service)

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 8/2/22. If no objections are filed, the motion will be considered unopposed. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction [19] 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 8/8/2022. Notices mailed.

NEW PARTIES: 3Case Store, 400 Store, 7Skr Store, Anime cases Store, B Dropshipping Store, BaBt010 Store, Belife Casual Store, Blueming30 Store, BO88 Store, Chaopu0318 Store, Childhood shop Store, China Ali Store, CusomQuality 06 Store, DJ_02 Store, Dshztooma Store, Ecchi Store, fa yin hu Store, Father son suit Store, feng yi Store, Ferla Store, Fightor Store, four206 Store, han han funny Store, Hevey_phonecase Store, HIHIHI Store, hxccase Store, I wardrobe Store, ILoveStickers Store, Into the i-land 40 Store, Jennie's Store, JuHuiYing Store, KDH16 Store, KKAYCATE Offical Store, Lavaza Little Man Store, Longsheng Store, LOVECAP Store, LUCKYLSY Store, Lulikaby Factory Store, MHLan Store and Awesome Phone Case Store Store added to case caption.

NEW PARTIES: Najojo Store, NAMCHA Official Store, New A clothes Store, Ninja Academia Store, Obstinatcy Store, Parent child shop Store, Personalizedshoes Store, Q&A Store, Quality pure cotton Tees 22 Store, RuiTing02 Store, S70 Store, shop 9900024 Store, Shop1100217825 Store, Shop1100344608 Store, Shop1100346589 Store, Shop1100349199 Store, Shop1100349582 Store, Shop1100349671 Store, Shop1100352098 Store, Shop1100372028 Store, Shop1100386885 Store, Shop1100387914 Store, Shop1100387944 Store, Shop1100388939 Store, Shop1100390875 Store, Shop1100391890 Store, Shop110061 Store, Shop1102055178 Store, Shop1102055487 Store, Shop1102055501 Store, Shop1102057504 Store, Shop1102057511 Store, Shop1102059939 Store, Shop1102060450 Store, Shop1102061439 Store, Shop1102062317 Store, Shop1102062369 Store, Shop1102062425 Store, Shop1102062706 Store, Shop1102062950 Store, Shop1102063418 Store, Shop1102077493 Store, Shop1102090607 Store, Shop1102101014 Store, Shop1102112330 Store, Shop1102113659 Store, Shop1102120072 Store, Shop11069 Store, Shop1970901 Store, Shop4685119 Store, Shop5247168 Store, Shop5419199 Store, Shop5430209 Store, Shop5557093 Store, Shop5585075 Store, Shop5880550 Store, Shop5883773 Store, shop6945818 Store, Shop910315311 Store and Shop910349112 Store added to case caption.

NEW PARTIES: Shop912627428 Store, So cute O Store, StaryKing Store, STYDFG Store, sunshine First Store, Sunshine1 Store, Sunshine5 Store, SUNTIAN Store, THE ANSWER Store, Tianze Men's Store, TIDESHEC Official Store, T-shirt 564 Store, tshirtsky Store, UlgenHat Store, Vlone Tshirt Store, wenzhou Store, wlz Store, WPWP Store, Wujigege Store, Xiaoxiao Costume Store, XXX Hoodies Store, YANAGUN Official Store, yEcRelAx Vintage Store, yellowpod b Store, YingYang Store, YinQingA2 Store, YiTing03 Store, YJJ Dropshipping Store, Yolo-121 Store, ypodscustom Store, YYDS- Store, zeng92042118 Store, Zentai Factory Store, Dongguan Baolong Clothing Co., Ltd., Guangzhou Fannie & Rose Trading Co., Ltd., Guangzhou Hongcheng Clothing Co., Ltd., Guangzhou Xiake Trading Co., Ltd., Shantou Chaonan District Liangying Shuliqi Clothing Factory, Shenzhen Longgang Hotspots Clothing Factory, Shenzhen Yuyue Industry Co., Ltd., Xiamen Star Key Technology Co., Ltd., Xiamen Yuhuoyu Trading Co., Ltd. and Zhuji Hengmai Imp&Exp Co., Ltd. added to case caption.

NEW PARTIES: 3Case Store, 400 Store, 7Skr Store, Anime cases Store, B Dropshipping Store, BaBt010 Store, Belife Casual Store, Blueming30 Store, BO88 Store, Chaopu0318 Store, Childhood shop Store, China Ali Store, CusomQuality 06 Store, DJ_02 Store, Dshztooma Store, Ecchi Store, fa yin hu Store, Father son suit Store, feng yi Store, Ferla Store, Fightor Store, four206 Store, han han funny Store, Hevey_phonecase Store, HIHIHI Store, hxccase Store, I wardrobe Store, ILoveStickers Store, Into the i-land 40 Store, Jennie's Store, JuHuiYing Store, KDH16 Store, KKAYCATE Offical Store, Lavaza Little Man Store, Longsheng Store, LOVECAP Store, LUCKYLSY Store, Lulikaby Factory Store, MHLan Store and Awesome Phone Case Store Store added to case caption.

MOTION by Plaintiff Bad Vibes Forever, LLC for default judgment as to The Defendants Identified In Schedule A

MEMORANDUM by Bad Vibes Forever, LLC in support of motion for default judgment[25]

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 8/30/22. 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 plaintiff's motion for entry of default judgment. The motion 25 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 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 9/6/2022. Notices mailed.