2022-cv-03820

COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-19677099.

(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 Thomas M. Durkin. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for leave to file under seal 6 is granted. Plaintiff's motion to exceed page limitation 9 is granted. 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 10 is granted. Enter order. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 7/25/2022. Mailed notice.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

SURETY BOND in the amount of $ 10,000 posted by Emoji Company GmbH. (Document not imaged)

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

MINUTE entry before the Honorable Thomas M. Durkin: Motion to extend the temporary restraining order 22 is granted. The TRO is extended for a period of fourteen (14) days to and including 8/22/2022. Mailed notice.

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 24

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 24

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

MINUTE entry before the Honorable Thomas M. Durkin: A telephonic hearing as to the motion for preliminary injunction 24 is set for 8/24/2022 at 8:45 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

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 8/22/2022, answer due 9/12/2022.

MINUTE entry before the Honorable Thomas M. Durkin: Telephonic motion hearing held on 8/24/2022. No one appeared on behalf of any defendants. Plaintiff's motion for entry of a preliminary injunction 24 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Plaintiff's Pleading(s) [Dkt. Nos. 12-15] and Exhibits 1-7 thereto [Dkt. No 11], Schedule A to the Pleading(s) [Dkt. No. 7], Exhibit 1 to the Declaration of Jose Santiago [Dkt. No. 11], and the TRO [Dkt. No.18]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website www.ilnd.uscourts.com/instructions. A telephonic status hearing is set for 9/23/2022 at 9:00 a.m., unless a hearing on a motion for default is scheduled before then. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 8/24/2022. Mailed notice.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 58, 198

NEW PARTIES: yingliying, yourfashionlife, yuanling2016, yuanxgh, guancong, Keenclaws, lee706795, Monono, The Three Smiles, Thitpon, three golden fish, tianxiaoyan, timeig, tingtinglili, tlnhgf, tobebettergirl, tobenoone, Tom In Box, tongtong ddi, tongyan, TongYunDa, Top Cool Ltd, top1store_Jiang, ToponShopping, Topse co. ltd., topshows, Tortorger, touzi, Trading center, TravelThings, TrendingCN6616, TTXS888, Twenxia, Two cat model, Tynset, U_Custom, uedl8ot7ro, uncle bear, Unique Chivalry Sports Instruments Daquan, UOOY, Urban beauty, useeball, Usefully, UWOOD WATCH, vastsee, vdian, vintagevending, vipchongwei, vogolink, VVVShop, Wakear, WalkerJerry, wang228, wanghaofankaj, wangjianfeng, wangjinfeng, WangJT, wangjunjie1985, wangpc, wangsha, wangxinghua and wangyu fashion added to case caption.

NEW PARTIES: WangYue, wangzhixiangrui, wangzuyi, wanyushop, watchman, water supply, wealthgirl, weiweixiaodian, weiye, welcome to the future, wengmingjia, wenying e-commence company, Wenzhou fashion jewelry, wgmtpgm, Wiyapon., woaiyicu, wohaonana, Wolf Wolf Supermarket, worchin, worldstylish, WoTau, wozhanghui, wqs03, WSQhainianma, wuchun439, wuhongmei98, wuhongxue, wuluhong, wutongyu123, wuxinwx, wuxixun, wxy7788, WYM168, xcfger store, XFengda, xianhua, xiaobaihuotiantang, xiaochundedian, xiaominhappy, xiaoxiaodong222, xiaoxiaoff and xiaoyudedian added to case caption.

NEW PARTIES: lia2430shop, meiliyinghua, sensuhaya, Thunder_storm, T-qingli, ttinthehouse, Upington, wanganan, WANGJINHU33A, Wealthes, wodryanan87, WORLD200007, wuyilun, XIANGQIANNB87, Xing Ran Trading, XINLONGSI031, xiumeidedongdong, XIXLAI44011, xufanbieyun, XXXRXL2019, YANGYANG9966, yanjinpengstore, ygandexin, yghhv and yiblakeji added to case caption.

NEW PARTIES: xiaoyuyu, xiaozoude0742, xieyixiang, xieyuehong, xinghong30061, xinghongkeji, xinxin11, xinxustore, xinyimaxinyiba, Xinyu xiushen nvzhuang, Xi-Party, xisishiye, xiuhuawang1, xjcheng, Xsgg, xspxspeng, xuchaolong, xueshouwei, xufoom, xuhaifengaimazhiping, XUNHUAN, xuriyinghua, xuxiangjiao, xuyi123, yandelei, yangheng1986, yangwenlong88, yangyuanhong, YANPHOO, yanwu, yanyanyystore, Yayoshop, ybbaby2018, yezi8322, YeziLucver babyshoes, Yi Wu Jewelry Boutique Shop, yidashengguojimaoyiyouxiangongsi, yijiaozhe05, yinanlixhr, yinanxumei3713211, YingGefashion, YINGHUOFirefly, yinshi, yiwu fashionshow Ecommerce co.,ltd, yiwu hanliu jewelry co.ltd, Yiwu jin'ao Accessories Co.Limitd., Yiwu Popular jewelry shop, yiwu6205, yiwuganyudianzishangwushangxing, yixiaopang550, YiYiHouse, YJX_W, ykpaiha, Yoki1212@163.com, youeryuanzeng267, yougxin, youneihan66, YUANBAOB, YuanDingThisLife, yuanfu9511, yuankang, yuanlin05, yuanyuan jewelry, yuanyuannvxiedian, yuanyuansbbb@163.com, yueliwubian, yuelweistore, yufurong1 and yuhui_wallstickers added to case caption.

NEW PARTIES: xiaoyuyu, xiaozoude0742, xieyixiang, xieyuehong, xinghong30061, xinghongkeji, xinxin11, xinxustore, xinyimaxinyiba, Xinyu xiushen nvzhuang, Xi-Party, xisishiye, xiuhuawang1, xjcheng, Xsgg, xspxspeng, xuchaolong, xueshouwei, xufoom, xuhaifengaimazhiping, XUNHUAN, xuriyinghua, xuxiangjiao, xuyi123, yandelei, yangheng1986, yangwenlong88, yangyuanhong, YANPHOO, yanwu, yanyanyystore, Yayoshop, ybbaby2018, yezi8322, YeziLucver babyshoes, Yi Wu Jewelry Boutique Shop, yidashengguojimaoyiyouxiangongsi, yijiaozhe05, yinanlixhr, yinanxumei3713211, YingGefashion, YINGHUOFirefly, yinshi, yiwu fashionshow Ecommerce co.,ltd, yiwu hanliu jewelry co.ltd, Yiwu jin'ao Accessories Co.Limitd., Yiwu Popular jewelry shop, yiwu6205, yiwuganyudianzishangwushangxing, yixiaopang550, YiYiHouse, YJX_W, ykpaiha, Yoki1212@163.com, youeryuanzeng267, yougxin, youneihan66, YUANBAOB, YuanDingThisLife, yuanfu9511, yuankang, yuanlin05, yuanyuan jewelry, yuanyuannvxiedian, yuanyuansbbb@163.com, yueliwubian, yuelweistore, yufurong1 and yuhui_wallstickers added to case caption.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 71

MINUTE entry before the Honorable Thomas M. Durkin: The telephonic status hearing set for 9/23/2022 at 9:00 a.m. is reset for 9:45 a.m. Time change only. Mailed notice.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 178

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 73, 78, 100

MINUTE entry before the Honorable Thomas M. Durkin: Status hearing held on 9/23/22. Plaintiff's counsel report that they remain in settlement discussions with certain Defendants. Status hearing set for 10/25/22 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 106

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 28, 110, 125, 160

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 10/25/2022 is reset for 10/28/2022 at 9:15 a.m. The dial-in information will remain the same. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 10/28/2022 at 9:15 a.m. is reset for 8:45 a.m. Time change only. Mailed notice.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 104

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/28/2022. No one appeared on behalf of defendants. Plaintiff reported that they are in settlement negotiations with some defendants. A telephone status hearing is set for 11/29/2022 at 9:00 a.m., unless a hearing on a motion for default is scheduled sooner. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 11/29/2022. Plaintiff reported that settlement negotiations are complete. A telephone status hearing is set for 1/6/2023 at 9:00 a.m., unless a hearing on a motion for default is scheduled before then. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No.163

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.

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 47

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 47

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 1/6/2023 is vacated. A telephone hearing as to the motion for default judgment 47 is set for 1/17/2023 at 8:45 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Telephone hearing as to the motion for default judgment 47 set for 1/17/2023 at 8:45 a.m. is reset for 9:00 a.m. Time change only. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 1/17/2023. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for default judgment 47 is granted. Enter order. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER signed by the Honorable Thomas M. Durkin on 1/17/2023. Mailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment