2022-cv-03419

COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 402, receipt number AILNDC-19610345.

(Exhibit Group Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray

MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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 Art Ask Agency 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 Art Ask Agency in support of motion for temporary restraining order, 9

Declaration Strid Declaration

Exhibit Group Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 1 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 2 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 3 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 4 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 5 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 6 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 7 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 8 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 9 of Strid Declaration

MAILED trademark report to Patent Trademark Office, Alexandria VA

(Exhibit)

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

MINUTE entry before the Honorable Edmond E. Chang: In light of the asset-restraint goal, the motion 6 to file under seal is granted for now. But on review of the complaint and the TRO brief, the Court raises the propriety of joinder of the 213 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 07/19/2022 (under seal if needed). 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 07/29/2022 at 8:30 a.m. Emailed notice

AMENDED complaint by Art Ask Agency against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

MEMORANDUM by Art Ask Agency Plaintiff's Memorandum in Support of Joinder

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit AA

MINUTE entry before the Honorable Edmond E. Chang: The joinder issue is under advisement. The tracking status hearing of 07/29/2022 is reset to 09/09/2022 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 seven Defendant online stores and the screenshots, R. 25, joinder of those Defendants appear to be proper given the exact (or nearly exact) matches of various advertising text, fonts, and the offered product. R. 25 shall be considered the Amended Schedule A of Defendants. The Plaintiff shall email a proposed TRO with Amended Schedule A to the Court's Proposed Order email account. The filing and the email is due on 09/13/2022. The tracking status hearing of 09/09/2022 is reset to 09/16/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SEALED DOCUMENT by Plaintiff Art Ask Agency Amended Schedule A

MINUTE entry before the Honorable Edmond E. Chang: In light of R. 27, the Court grants the motion 9 for TRO and other relief as to the narrowed down Defendants. 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 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). 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 09/23/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of the Defendants in the text of the order and omitting Second Amended Schedule A). The tracking status hearing of 09/16/2022 is vacated and reset (to track the case only, no appearance is required) to 09/30/2022 at 8:30 a.m. Instead, if appropriate, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 09/20/2022 due to the Court's out-of-office schedule. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/15/2022. Emailed notice

MOTION by Plaintiff Art Ask Agency 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 extension motion [31] on the TRO is granted through 10/13/2022. The tracking status hearing of 09/30/2022 is reset to 10/14/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) or a status report by 10/11/2022. Emailed notice

REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/15/2022. Emailed notice

MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Art Ask Agency in support of motion for preliminary injunction 35

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35

SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/11/2022, answer due 11/1/2022.

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion 35 for preliminary injunction is granted. Given the answer deadline of 11/01/2022, the tracking status hearing of 10/14/2022 is reset to 11/18/2022 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 11/10/2022. For any Defendants in default as of 11/01/2022, the Plaintiff shall file a motion for default judgment on 11/10/2022. Emailed notice

(Status Report Requirements)

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 10/13/2022 Emailed notice

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiff Art Ask Agency 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 Art Ask Agency in support of motion for default judgment 42

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 42

(Exhibit Hierl Exhibit 1)

STATUS Report by Art Ask Agency

MINUTE entry before the Honorable Edmond E. Chang: On review of the motion 42 for default judgment, the Plaintiff shall file a supplement to the motion that sets forth the pertinent screenshots of the remaining Defendants' online infringement (that is, only the relevant parts of R. 11 through R. 19) in one single PDF, so that the Court can feasibly review the evidence to set the appropriate damages amount. ***THE PLAINTIFF'S COUNSEL SHALL FILE SIMILAR EVIDENCE IN FUTURE SCHEDULE A CASES before Judge Chang.*** The supplement is due by 11/22/2022. The tracking status hearing of 11/18/2022 is reset to 12/02/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SUPPLEMENT to motion for default judgment 42

MINUTE entry before the Honorable Edmond E. Chang: The motion for default judgment is under advisement. The tracking status hearing of 12/02/2022 is reset to 12/09/2022 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 default-judgment motion and the supplement, R. 47, and as explained in the Order, judgment is entered in favor of the Plaintiff and against the Defendants in the amount of twenty-five thousand dollars ($25,000) as to each Defendant. Permanent injunction entered given the finding of willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 12/09/2022 is vacated. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 12/08/2022. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 12/08/2022. Emailed notice