2022-cv-03706

COMPLAINT filed by Lululemon Athletica Canada Inc.; Filing fee $ 402, receipt number AILNDC-19659918.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Lululemon Athletica Canada Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lululemon Athletica Canada Inc.

Notice of Claims Involving Trademarks by Lululemon Athletica Canada Inc.

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Allyson M. Martin

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Kasey Leigh Ewald

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.

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for leave to file under seal 3 is granted. Mailed notice.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Lululemon Athletica Canada Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for temporary restraining order[14]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Jenny Vo regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

Exhibit 3

SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Exhibit 4 - Parts 1 - 5 regarding declaration[17]

SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Exhibit 5 regarding declaration[17]

MOTION by Plaintiff Lululemon Athletica Canada Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for miscellaneous relief[20]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21]

Exhibit 1

Exhibit 2

Exhibit 3

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of domain names, a temporary asset restraint, and expedited discovery [14] and Plaintiff's motion for electronic service of process pursuant to FRCP 4(f)(3) [20] are granted. Enter Sealed Temporary Restraining Order. Telephonic status hearing set for 8/8/22 at 9:00am. Counsel shall call 866-434-5269; access code 3751971. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Mary M. Rowland on 7/25/2022. Mailed notice.

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

SURETY BOND in the amount of $ 10,000.00 posted by Lululemon Athletica Canada Inc. (Document not scanned).

MOTION by Plaintiff Lululemon Athletica Canada Inc. for extension of time of Temporary Restraining Order as to Certain Defendants

MEMORANDUM by Lululemon Athletica Canada Inc. in support of extension of time[26]

Declaration of Allyson M. Martin

MOTION by Plaintiff Lululemon Athletica Canada Inc. for preliminary injunction as to Certain Defendants

Exhibit 1

Exhibit 2

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for preliminary injunction[28]

Declaration of Allyson M. Martin

Exhibit 1

SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/3/2022, answer due 8/24/2022.

Declaration of Kasey L. Ewald

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's ex parte motion to extend the temporary restraining order as to certain defendants [26] is granted. TRO is extended to 8/22/22 as to Defendant Nos. 1-21. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for entry of a preliminary injunction [28] is set for 8/22/22 at 9:30 am. Parties shall call 866-434-5269; access code 3751971. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The telephonic status set to 8/8/22 at 9:00 A.M. is stricken. Mailed notice.

MOTION by Plaintiff Lululemon Athletica Canada Inc. for extension of time of Temporary Restraining Order as to Defendant Nos. 22-152

Exhibit A

MEMORANDUM by Lululemon Athletica Canada Inc. in support of extension of time[33]

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion to extend the temporary restraining order as to certain defendants 33 is granted. TRO is extended 8/22/22 as to Defendant Nos. 22-152. Mailed notice.

MOTION by Plaintiff Lululemon Athletica Canada Inc. for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for preliminary injunction[36]

Declaration of Allyson M. Martin

Exhibit 1

SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/17/2022, answer due 9/7/2022.

Declaration of Kasey L. Ewald

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for entry of a preliminary injunction as to certain defendants [36] set for the same day as the previously-set motion hearing of 8/22/22 at 9:30am. Parties shall call 866-434-5269; access code 3751971. Mailed notice.

ATTORNEY Appearance for Defendant lululemon-us.store by Kevin K. Tung

ATTORNEY Appearance for Defendant lululemon-us.store by Ge Li

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Jake Michael Christensen

MINUTE entry before the Honorable Mary M. Rowland: Telephonic motion hearing held. Plaintiff and defendant lululemon-us.store No. 112 appeared through counsel. Plaintiff is discussing settlement with defendant lululemon-us.store No. 112.For the reasons stated on the record, Plaintiff's motions for entry of a Preliminary Injunction [28] [36] are granted with the exception of defendant lululemon-us.store No. 112. TRO as to defendant lululemon-us.store No. 112 is extended to 9/9/22. Defendant No. 112 to respond to motion for preliminary injunction by 9/6/22. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. In addition, is a link to video instructions for Plaintiff to view on how to Add Terminate Party https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Telephonic status hearing set for 9/8/22 at 9:30am. Parties shall call 866-434-5269; access code 3751971. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Mary M. Rowland on 8/22/2022. Mailed notice.

MOTION by Defendant lululemon-us.store for extension of time to file answer

MINUTE entry before the Honorable Mary M. Rowland: Defendant lululemon-us.store (Defendant No. 112) unopposed motion for extension of time 45 is granted. The time for Defendant to answer the complaint is extended to 9/16/22. Mailed notice.

NEW PARTIES: Dongguan Qibao Garment Co., Ltd., Foshan Zhengchun Department Store Co., Ltd., ACADER Store, Always Online Store, Bulingbuling Girl Store, HeartDance Store, Jackman Store, Kirlinermal Store, LI KUN LULUYOGA Store, LuLu 13134 Store, LuLu1314 Store, lululove Store, Mermaid Curve Official Store, PKWYKLRE Official Store, Shop5795010 Store, uarun Official Store, UARUN Store, XMTOPYE Lulu Outlets Store, XMTOPYE Lulu Store, YINSHI GOODS Store, YOGAGOD Store, angdugateh Store, apparel8296 Store, casually541 Store, dhshopma188 Store, eyucongs Store, ggg158 Store, gucci558 Store, gymshop Store, happyhome88 Store, hyt850728 Store, jersey_football_6 Store, lu_clothes Store, lululemons Store, mucho Store, newstyleselling Store, orders_made Store, preferential78 Store, PSG JORDAN Store, quzhe Store, recessive Store, seriously121 Store, szl1984 Store, timesgreat01 Store, tjq307 Store, tongfengbaoxin Store, tracksuit_leggings Store, vlonemall Store, ytx003 Store, zhangxuanang009 Store, zhu0068 Store and GG belt supermarket Store added to case caption.

NEW PARTIES: lululemonaustraliafactory.com, lululemonaustria.com, lululemonboltok.com, lululemoncanadaoutlet.com, lululemoncanadasale.com, lululemonchiletiendas.com, lululemon-colombia.com, lululemoncz.com, lululemonespanatiendas.com, lululemonfinland.com, lululemonfrancesoldes.com, lululemongreeceonline.com, lululemongreeceshop.com, lululemon-hk.com, lululemon-hungary.com, lululemonindiastore.com, lululemon-ireland.com, lululemonirelandsale.com, lululemonitalianegozi.com, lululemonjapan.com, lululemonmalaysiaoutlet.com, lululemonmalaysiastore.com, lululemonmexicoonline.com, lululemonmexicotiendas.com, lululemon-nederland.com, lululemonnzsale.com, lululemonnzstores.com, lululemonoutletusa.com, lululemonparis.com, lululemon-philippines.com, lululemonphilippinesstore.com, lululemonpolska.com, lululemonrebajas.com, lululemonromania.com, lululemonsaleaustralia.com, lululemon-schweiz.com, lululemonstoressouthafrica.com, lululemon-suomi.com, lululemonsverigeonline.com, lululemonturkiye.com, lululemonukfactory.com, lululemonusasale.com, lululemonwebsitecanada.com, bowwarehouses.com, lueatg.com, lululemusoutlet.com, lululemon-malaysia.com, tiendalululemonmexico.com, lululemonblackfridayoutlet.com, lululemon-mexico.com, tiendaslululemonmexico.com, lululemonuae.com, lululemonswitzerlands.com, lululemon-portugal.com, lululemonnorges.com, lululemonindonesia.com, lululemonturkeys.com, lululemonstoresaustralia.com, lululemon-singapore.com, lululemonirelandonline.com, lululemon-us.store, springokbuy.com, lululemonoutletsfactory.com, lululemonoutletonlineeshop.com, lululemonusawebsite.com, lululemonchiles.com, lululemonitalias.com, lululemons-australia.com, lululemonsalenederland.com, lululemonmilano.com, lululemoncopenhagen.com, lululemonirelands.com, lululemonoslo.com, lululemonbudapest.com, lululemon-romania.com, lululemonmadrid.com, lululemonlisbonportugal.com, lululemonbarcelona.com, lululemon-polska.com, lululemonjp.com, lululemonhelsinki.com, lululemon-turkey.com, lululemonblackerfriday.com, lululemonperth.com, shoplululemonoutlet.us, lululemonoutletfactory.us, lululemonauckland.com, lululemonponsonby.com, lululemonsydney.com, lululemondubai.com, kdvypu.com, lululemonphilippinesfactory.com, lululemonmalaysiawebsite.com, lululemonirelandblackfriday.com, lululemondublin.com, lululemonmallofafrica.com, lululemonsg.com, lululemonfinlands.com, lululemonfactoryoutlet.us, lulublackfridaysale.com and theonlyforu.com added to case caption.

NEW PARTIES: Dongguan Qibao Garment Co., Ltd., Foshan Zhengchun Department Store Co., Ltd., ACADER Store, Always Online Store, Bulingbuling Girl Store, HeartDance Store, Jackman Store, Kirlinermal Store, LI KUN LULUYOGA Store, LuLu 13134 Store, LuLu1314 Store, lululove Store, Mermaid Curve Official Store, PKWYKLRE Official Store, Shop5795010 Store, uarun Official Store, UARUN Store, XMTOPYE Lulu Outlets Store, XMTOPYE Lulu Store, YINSHI GOODS Store, YOGAGOD Store, angdugateh Store, apparel8296 Store, casually541 Store, dhshopma188 Store, eyucongs Store, ggg158 Store, gucci558 Store, gymshop Store, happyhome88 Store, hyt850728 Store, jersey_football_6 Store, lu_clothes Store, lululemons Store, mucho Store, newstyleselling Store, orders_made Store, preferential78 Store, PSG JORDAN Store, quzhe Store, recessive Store, seriously121 Store, szl1984 Store, timesgreat01 Store, tjq307 Store, tongfengbaoxin Store, tracksuit_leggings Store, vlonemall Store, ytx003 Store, zhangxuanang009 Store, zhu0068 Store and GG belt supermarket Store added to case caption.

ATTORNEY Appearance for Defendant lululemon-us.store by Erin Kathryn Russell (local counsel appearance)

MOTION by Plaintiff Lululemon Athletica Canada Inc. for entry of default, MOTION by Plaintiff Lululemon Athletica Canada Inc. for default judgment as to all Defendants with the exception of Defendant lululemon-us.store

Exhibit A

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for entry of default, motion for default judgment, [48]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[49]

Exhibit 1

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status and motion hearing held. Counsel for Plaintiff appeared telephonically. Defendants did not appear. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment against the Defendants identified on schedule A, with the exception of Defendant Lulelemon-US.Store 48 is granted. Plaintiff reported a settlement has been reached with Defendant Lulelemon-US.Store. TRO as to Defendant Lulelemon-US.Store is extended to 9/22/22. Parties to file a stipulation to dismiss or status report on settlement by 9/22/22. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Mary M. Rowland on 9/8/2022. Mailed notice.

NOTICE of Voluntary Dismissal by Lululemon Athletica Canada Inc. as to a certain defendant

MINUTE entry before the Honorable Mary M. Rowland: A notice of voluntary dismissal (Dkt. 53) has been filed. This case is dismissed with prejudice as to Defendant lululemon-us.store. Civil case terminated. Mailed notice.

MOTION by Attorney Kasey L. Ewald to withdraw as attorney for Lululemon Athletica Canada Inc. No party information provided

MINUTE entry before the Honorable Mary M. Rowland: Motion to withdraw as counsel 55 is granted. Kasey L. Ewald is granted leave to withdraw as one of the attorneys of record in this action. Mailed notice.

NOTICE of Removal Material from the custody of the Clerk's Office by Justin Gaudio from the firm of Greer, Burns & Crain, Ltd. regarding Bond 25 by the Plaintiff, Lululemon Athletica Canada Inc. (Received for Docketing on 11/7/2022)

FULL SATISFACTION of Judgment regarding order 52 in the amount of $500,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 52 in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[52] in the amount of $500,000 as to certain defendant