2022-cv-03721

COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-19661867.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray

MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. 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 Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Emoji Company GmbH 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 Emoji Company GmbH in support of motion for temporary restraining order, 10

Declaration Santiago Declaration

Exhibit 1

Declaration Reiter Declaration

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration

Notice of Claims Involving Trademarks by Emoji Company GmbH

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and other relief 10 are granted in part. Plaintiff's submissions (including the Declarations of Jos Santiago, Anna K. Reiter and Michael A. Hierl) 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 7, 12, 13, 14, and 15. 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. A transfer of domain names is appropriate to prevent infringing conduct. 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 9/13/2022.

MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

SURETY BOND in the amount of $ $10,000.00 posted by Emoji Company GmbH (Document not imaged)

MINUTE entry before the Honorable John F. Kness: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 21 is granted. Enter separate order. Mailed notice

ORDER TO EXTEND THE SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 9/26/2022. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 83, 98, 197, 241

MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 26

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26

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

SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/6/2022, answer due 10/27/2022.

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 26 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 10/17/2022." 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 21 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 Emoji Company GmbH Proof of Service

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 26 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 29 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 [[xx]] 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 10/19/2022. Mailed notice

NEW PARTIES: Jonebeauty, JUMALATAR, JUSTSL SHOES STORE, kadilakestore, Krion, KUOSHIAN4816, ladyfort, LAIBINGBI, laigetongkuai, laitiqingti, lanxin6578, leicong, Lenkoss, LHP STORE, liaishan, lichaojin1563, LiHong, lihongfans, lilysirxieguan, Limiline123, Linjou ling nine, LIUQING66666, LIUSUMINMIN87, Lixuemei1, lizhongbin, lxlwolusoso912, lxq744, Maryke, Meet yours love, meikaishu, MMTZDDDF woman bags shop, jichao19980915, jidingbox, jim co.ltd, jim lester, jimailan store, jimorefashion, JINGMEISHOUBAN, jinyu258520, Jinzhi, jinzhiflag, Jipeishuma, jiuchen, jiulingersell, Joy fashion international, Joyce women's dress, Joy's Stock, joytokyo, Jstorek, Judcy, JuliusuCsGuH, junprince, junzilan, justing, JWJDDP, JXDS, jxxyyouth0104, KaiFeng2018 and kaikaide added to case caption.

NEW PARTIES: kaiseku, kaizhong123, Kakazuoxiangyou, Kaletine Jewelry, kangmao, KAROQI Technology Co., Ltd., kelly1, kelove, kent5200, keong, KepMov, Keqiong, kevins variety shop, K-FASHION SCHOOL OFFICE SUPPLIES, Kingking zhang, KIO11, kissbuyw, KK Party, kkff3e, K-MIME School & Office Stationery, knm3693, kolalame, kolo, koxmdq, KUCOS, kule666, kungfu store, Kvivlax, Kwerr, Lady Stop Shop, lamaran, lancangwan12, Landgo, lanxiaokeqing, lanyangleilzm, LaremeShopOnline, lawyerobjk, Lay Taung, LCY 94, leeyyshop, Leftear09, leomall, lesanlee, lgyzjzhr, Lhyulinlong, LI lucky store, li na xiao dian, LI TANG 1, liangbinx, LiangXuanChen, liangyujunha, lianjianing001, Liaoxing Fashion, LiaoYong114056, life shopping 666, lifeshopping588, LifeTeste, liguo1, lihangkukudian001, lihui1987, lijiaojiaodain, lijuny, liliyao store, limeixiaggj, LIN Supermarket, lin12543, Lings clothing store, Linhao World, linlixing fashion and Lin's market added to case caption.

NEW PARTIES: jkm kl, linxiawangpu, Lioing, lisaii, lisangdong, little light, Littlehouse569, littlesalt, Liu ter, liuchunping, Liudingqiong666, liufen666, liufengyingdfs, liuhaiyun, liuhaoyu546, liuli258, liulin111, liusanyuan, liusikiusi, liuweidedin, liuxialiuxialiuxialiuxia, Liuxiang1946, liuxingyuansu, liuxinlan7758, liuxuewen6553, Liuyongjie Fashion, liuyuan888, LIVE FOR LOVE, lixiang2064, lixqiaoi, liyajie1578, liyi1, LIYIHONG, ljdgfvbshdrr, ljl211700437, LJP trade, ljydjjjsw, LOCA RHINESTONE, Lollipopmoment, Lonelybar, Loney, long best store, longhuitong, longyingping, Lonrrytouw, Lost-wheat-pocket, love beijing, love hq, love more and more, love my angel, love to love me, loveliweijing, lovemeooo, loveourmax, LUCHANA, luck of the blue birds, luckly everyone, luckstar, Lucky Future House, Lucky jewelry 123, lucky24love, luckyboygirl, luckyczh, LuckyHome0603, lucyleilei and luer added to case caption.

NEW PARTIES: Luky485, luoguogen666, Lush-FOR, lutingg, luyun12345678, Lvxchuang, LWH_trade, ly123321, LYCTX, LynnSimonshop, maaijddp, Madge, mage niubi, Magic Martin, Magic-Resplendent, mahongmei, maiyefeng, maiyifudeniuniu, makiteasy, Malakal, maliandong, Maner shop, mantyzhoiu, maochenxiao1996, Martin tian, Mary6566, Maryswill, Mate Rings, Maxell-ly, Mazyr, mciwooaqpl, meijunmj8708, meilunmeihuan, meishiliqn, meixiemeipu, Meizhene Shop, Mermiss, mff7tdhan003, mggqw, MIAOLUNYUMAO, Miaomiao's shop, miaoyiwen4891, Milkle Gift, mimimamamidexiaopu, MIN2 STORE, Minaya, Mine-shopping mall, MINGYING1852, minicloud, Ministyle, minjuanastore, Miss Mr.L, Missgrass, mjm 2016 and mklyuh wholeshop added to case caption.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 222

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 165

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 86, 238

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 128

DECLARATION of William B. Kalbac Declaration of Service

MOTION by Plaintiff Emoji Company GmbH 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 Emoji Company GmbH in support of motion for default judgment 41

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 41

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 41 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 2/16/23. 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 one business day of its entry on the docket and must promptly file proof of that service. Mailed notice

CERTIFICATE of Service by Michael A. Hierl on behalf of Emoji Company GmbH

ORDER signed by the Honorable John F. Kness on 2/17/2023: Plaintiff's motion for entry of default judgment 41 is granted. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by Emoji Company GmbH is hereby released to Emoji Company GmbHor its counsel, Hughes Socol PIers Resnick & Dym Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl, Hughes Socol PIers Resnick & Dym Ltd, Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago, IL 60602 via certified mail. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 2/17/2023. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA