2022-cv-03250

COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 402, receipt number AILNDC-19583365.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman

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.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pink Floyd (1987) Limited

MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file under seal

MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file excess pages

MEMORANDUM in support of [11] Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Thomas Schlegel

Exhibit 1, of Thomas Schlegel's declaration

SEALED EXHIBIT by Plaintiff Pink Floyd (1987) Limited Sealed Exhibit 2, Declaration of Thomas Schlegel regarding memorandum in support of motion, [12]

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion 9 for leave to file under seal, motion 10 for leave to file excess pages, and ex parte motion 11 for a temporary restraining order and other relief are granted in part. Plaintiff's submissions (including the Declarations of Thomas Schlegel and Keith A. Vogt (Dkt. 12, 13)) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 11 and 13. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to Defendants. As this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/6/2022.

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

SURETY BOND in the amount of $ 10,000 posted by Pink Floyd (1987) Limited. (Document not scanned)

MOTION by Plaintiff Pink Floyd (1987) Limited for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend the temporary restraining order 18 is granted. Enter separate order. Mailed notice

ORDER ON MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/20/2022. Mailed notice

MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction

MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction 21

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Pink Floyd (1987) Limited 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 John F. Kness: Before the Court is Plaintiff's motion 21 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 8/9/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion 18 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by Plaintiff Pink Floyd (1987) Limited regarding order on motion for preliminary injunction, terminate deadlines and hearings, set motion and R&R deadlines/hearings, 24

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [21] is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [25] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided [24] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 8/12/2022. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs

NEW PARTIES: 007 factroy Store, 01 Small Fish Store, 1032062956 Store, 1540657971 Store, 2021 Anime Store, 3-98 MOVIE Store, 3D clothing source manufacturers Store, 3D Fashion Casual Clothing Store, 3DPrinted Store, a zhou canoe art Store, Ali Didi Store, Aliexpress Hat Store, AliExpress Standard Shipping Store, AliExpress Standard Store, ANCAI Painting Store, Animeland Store, Anna Handicrafts Store, Art Furniture Fainting Store, ARTISIAN Decoration Store, Artistic Creation Store, awasozon Store, AZ Streetwear Store, BEDHOME Store, Bellotti Store, Black Friday Department store Store, Blanket Store Store, Blanket Warehouse Store, Bollinger Homedecor Store, ChenCan Trading Store, CLOOCL Homes Store, comfortable decor Store, COOC ART Store, dasrt Store, davidangie2 Store, DIYTOSHIRT Store, DOTZSO Store, Dreams Clothes Workshop Store, dro pshipping Store, ESQUIRE Store, E-Youth Store, Factory Outlet T-Shirt Hoodie Store, Fajermin Art Poster Store, Fanxishi Art Store, Fashionable Patch Store, Findh Lanhn Store, FR Decor Tin signs Store, FS Scarves Store, Funny Blanket Store, funny evil Store, Furlar Store, Fwei Store, galleryShop Store, GBB Store, GENOVO Store1988 Store, glamour decoration 002 Store, Gold Leaf Home Accessories Store, Good Luck Art Store, guohaonian Store, HaiYun doormat Store and Hansome poster Store added to case caption.

NEW PARTIES: Happiness Wall&Art Store, Hi & Decor Store, HL168 Store, HMDM0916 Store, HNN Store, HomeForFun Store, HOT HD POSTER Store, HotMeiNi 8 Store, HUAZHIX Decor Store, Hulunbuir Store, HZ Anime Store, ICCLEK FEMALE Store, IKEAEA Store, Indecor Store, invisible moon art Store, Jing Department Store Store, JINYANG Art Decor Store, Kekole Store, life day Store, lifedays Store, LOVER posters Store, lrene Store, Luckily Wall Art Store, Margot55 Store, Mclady Store, men's 666 Store, Metal Tin Poster Store, Mettiage Store, Mid-year big sale Store, mimimimimimimimi Store, Monkey Wall Signs Store, Mr. Guo Store, Mr. Ye Store, Ms Luo Store, Ms. Sophia Sew Accessory Store, Must fire home store Store, Nake's Store, NBest Art Store, Night's Watch Store, NIKEET Store, Ninachen Store, Oranges Art Store, Orchid decoration Store, Orianna Official Store, Pang-1983 Store, Panta Store, pengrongup tin signs Store, Personality paintings Store, Poetic Life Diamond Painting Factory Store, Premium hometextile bespoke Store, Promise-YN Store, Ringing Art Store, Ripple Junction Store, risa Store, RUNMEIFA Bonnet Store, Saily Garcia Store, Shaylee Life Store, shes Store, Shop1100010007 Store and Shop1100032077 Store added to case caption.

NEW PARTIES: Shop1100080256 Store, Shop1100081207 Store, Shop1100087222 Store, Shop1100088111 Store, Shop1100172109 Store, Shop1100172521 Store, Shop1100188144 Store, Shop1100266257 Store, Shop1100313058 Store, Shop1100344185 Store, Shop1100358079 Store, Shop1100368277 Store, Shop1100370546 Store, Shop1100371024 Store, Shop1100385454 Store, Shop1100387839 Store, Shop1102054231 Store, shop1228 Store, Shop4232038 Store, Shop5225058 Store, Shop5247198 Store, Shop5372219 Store, Shop5616048 Store, shop58426 Store, Shop910437102 Store, Shop910743018 Store, Shop911567187 Store, Shop912624361 Store, shop9811 Store, Showy Store, Small fish costume Store, SONSPEE SALE Store, Spring wall art Store, TIANGOU Store, T-Shirt55 Store, Urbrill Store, Urica Store, VA999 Store, Welcome to department store Store, Wienen Decors Store, Winter wall art Store, woollen blanket No. 2 Store, WXDUUZ duoduo Store, XIAOHANHAN Store, Yahua Store, yakeli2 Store, YINGZI TAO Painting Store, Yneoi Store, YooBaby Store, Yuanlang Store, yunqijiuxiao Store, zheyuwen2 Store, ZOTOONE Handcraft Store, ZOTOONE Official Store, cozyroomer Store, dhgatewang1 Store, fashiondemon Store, Plumblossom Dress & Swimwear Clothing Supplier Store, teehroman and trading188 Store added to case caption.

NEW PARTIES: trading588 Store, trading6888 Store, trading8888 Store, yjh_041, Dongguan Baolong Clothing Co., Ltd., Fujian Loumei Technology Co., Ltd., Guangzhou Shuliqi Garment Co., Ltd., Jiaxing Lanke Import & Export Co., Ltd., Jinjiang Canzhong Trade Co., Ltd., Nanchang Finery Clothing Co., Ltd., Quanzhou Xiaomanniu E-Commerce Co., Ltd., Shandong Baili Clothing Co., Ltd., Shandong Qiyu Clothing Co., Ltd., Shaoxing Youju Textile Co., Ltd., Shenzhen Hongfu Industrial Co., Ltd., Xiamen Billions Imp. & Exp. Co., Ltd., Yiwu Cuirun E-Commerce Firm and Yiwu Mumu Crafts Co., Ltd added to case caption.

MOTION by Plaintiff Pink Floyd (1987) Limited for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Pink Floyd (1987) Limited in support of motion for default judgment[29]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [29] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 9/1/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice

CERTIFICATE of Service by Plaintiff Pink Floyd (1987) Limited regarding text entry, 31

NOTICE of Voluntary Dismissal by All Plaintiffs

ORDER signed by the Honorable John F. Kness on 10/31/2022. The ten-thousand-dollar ($10,000) surety bond posted by Pink Floyd (1987) Limited. is hereby released to Pink Floyd (1987) Limited. or its counsel, Keith Vogt, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, Illinois 60604. via certified mail. Enter final judgment order. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 10/31/2022. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Pink Floyd (1987) Limited, to Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, Illinois 60604 via certified mail #7019 2280 0000 0963 1927.

RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0963 1927.

SATISFACTION of Judgment as to defendant no. 175 cozyroomer Store