2022-cv-03904

COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 402, receipt number AILNDC-19688974.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint 1

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc.

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc.

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Isaku Begert

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph

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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

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

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiffs' motion for leave to file under seal 3. Plaintiffs have leave to file Schedule A to the complaint and Exhibit 4 to the declaration of Chris Harrs under seal. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for temporary restraining order 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Chris Harrs regarding memorandum in support of motion 17

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 - Parts 1-6 regarding declaration 19

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

Exhibit 4-4

Exhibit 4-5

(Exhibit 4-6)

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for miscellaneous relief 21

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 22

Exhibit 1

(Exhibit 2)

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. Establishing that Joinder is Proper

Declaration of Justin R. Gaudio

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

(Exhibit 8)

MOTION by Attorney Isaku M. Begert to withdraw as attorney for Spin Master Ltd., Spin Master, Inc. No party information provided

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Attorney Isaku M. Begert's Motion to Withdraw as Counsel 25. Attorney Isaku M. Begert is withdrawn as counsel for Plaintiffs. Mailed notice

ORDER: Plaintiffs Spin Master Ltd. and Spin Master, Inc. allege claims of trademark infringement, trademark counterfeiting, false designation of origin, and copyright infringement against The Partnerships and Unincorporated Associations Identified on Schedule "A" R. 1, Compl.; R. 2, Sched. A. Plaintiffs' pending ex parte motion for a temporary restraining order (R. 16), and motion for electronic service of process (R. 21) are hereby granted. Provided that Plaintiffs provide the security described in paragraph 9 of the temporary restraining order, the temporary restraining order shall become effective on November 9, 2022 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. Signed by the Honorable Franklin U. Valderrama on 11/7/2022. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Franklin U. Valderrama on 11/7/2022. Mailed notice

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

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time 29

(Declaration of Justin T. Joseph)

MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 29 The Temporary Restraining Order 26 shall now expire on December 7, 2022 at 6:00 p.m. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order

Exhibit A

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction, extension of time, [32]

Declaration of Justin T. Joseph

Exhibit 1

SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/2/2022, answer due 12/23/2022.

Declaration of Justin T. Joseph

Exhibit A

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 32 is granted in part and denied in part. The motion is granted in all respects but for the request to extend the temporary restraining order, which is denied as moot. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint 2 ; (2) Exhibit 4 to the Declaration of Chris Harrs 20 ; and (3) the TRO 28. Greer, Burns & Crain, Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Mailed notice.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Franklin U. Valderrama on 12/5/2022. Mailed notice.

NEW PARTIES: Kiki Party US, KINGEE TRADING CO., LImITED, KUyahshew014, laibukeji, langchaomeiguozhan, LEBERY, LEONAL STORE, LINDYUELANG, lishaochundebeimeidianpu, LIUBOWENKL, liwenxuedebeimeidianpu, ljsdhte, Lluvia-US, lnkdeya - US, loo2per12, lortian, LoveSlash, luojiaoyu, luzhouboyutiyuyundongyouxiangongsi, lvlongweidedian, MAST, meet y&ROMILUG, Memory electric ltd, MENGXUANSHOP, mianyangxinruiboshangmaoyouxiangongsi, Mwjenon, Natural Behaviour, Neevop Direct US, neutronet, Nhzxcwerfa, nsdgdfgsdagdsf, ONE DREAM PARTY, pangfufu, PartyGift, peacockui, PIESWEETY-US, pinghaizhou, PINZHISHENGHUOUS, PlayingToys Shop, PolarRank, Polite elephant, popamz, Power China, Qijiaming Decor, QINGZHOUTEZHANSHANGMAOYOUXIANGONGSI, QinJingWeiDeDianPu1, QIUVI, qiuwenfu2022store, quanzhoushifeisidianzishangwuyouxiangongsi, REHALY, rgrg44, RuDanYangshop, Ruitushangmao, runfengzhuangshishop, ruzhoushiqingshushangmao, sacdewav, SAFAX235, Sanky us, shang'haishengda, shanxiduhongdalishangmaoyouxiangongsi, ShanXiYinYunXiaZiWenHuaChuanMeiYouXianGong, ShengYuan-US, Shenzhen Runjun Trading Co., Ltd., SHICHANG-US, sicheng11, SiChuanZhenLanHuanBaoKeJiYouXianGongSi, Simoona, siyidianhunbaihuodian, SMARTISIO, SOKKIA, songyingjiedediann, Stroll Garden, Summertime-shop, Supeny US, SUPER BALLOONS, super hongchen, SVZIOOG, TaeeAoog, tangxiangdebeimeidianpu, Tinyu US, tongfubaihuodian, tongshanxiancaojiabaihuodian, Toxinge, TUTA, Txvera, Unumber, US-MDG, US-MSJ, VEISE INDUSTRIAL CO., LIMITed, Visions-2012, Vist the Baijia Store, Vitalityforest, wangchanglindebeimeidianpu, Wangkailibeimeizhan, wanglongdebeimeidianpu, wangping2022, WangXiuQin, Wangzhiguobeimeizhan, WEEBF, WFTYBCMN, WirJouer, WordHome, WOSYYXGS-US, wutianle001, Xiangmai Department Store, xiangxiaochuanxiangcaiguan, xiaoxuenihao, Xinderli, Xing-Zhi, Xinjiangtutechan, xixianxinqufengdongxinchengzhujianglvbaihuodian, XUANYISHOP, xuchangranhaishangmaoyouxiangong, Xuejingwen, xupeng888, YANFUTIAN, yangtingtingDESHANGMAO, YanTaiNanXianDianZiShangMa, yazebaby, yenjbe, yichangdangchaodianzishangwuyouxiangongsi, Yichunchuangquan, YiHanShangMao, YingGeLiShi, YINGHUISHANGHANG, YOMOCOZ, YQLUS, yuexianguangdebeimeidianpu, yunboshop, YUPENGQING, yuxinshangmaoshop, YYG-SHOP, zanxiangkun123, ZENZAL, ZERUN SHOP, zhangyongqidebeimeidianpu, zhangyuqiang-us, zhaowenbo-01, zhendefadianzishangwuyouxiangongsi, ZhongKangXinshop, zixuan002, Zomine_XH, Z-Zhu, zzzsqasas, dmmy10086, lililis, wanjiu-02, wjmm-4, fire_whisky, HEITIGN, SaideSi, shenzhenshibinghujinmaoyiyouxiangongsi, TOOSCI OFFICAL, ADTCXW9410ww, gengjingren Store, LUOJUN1991KKU and MFQfanqige added to case caption.

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to Plaintiff's Notices of Voluntary Dismissal 35, 38 and 39 and pursuant to Federal Rule of Civil Procedure 41(a), Sanky US, WirJouer, songyingjiedediann, Vist the Baijia Store, Vitalityforest, Leonal Store and Sokkia are dismissed with prejudice. The case continues against the remaining defendants. Mailed notice

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant

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 Spin Master Ltd., Spin Master, Inc. as to a certain Defendant

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment[44]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[45]

Exhibit 1

ATTORNEY Appearance for Defendant Memory electric ltd by Yong Chen

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant

MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Entry of Default and Default Judgment as modified [44]. Pursuant to 15 U.S.C. § 1117(c)(2), Plaintiff is awarded statutory damages from each of the Defaulting Defendants in the amount of two hundred thousand dollars ($200,000.00) for willful use of counterfeit Plaintiff's Trademarks in connection with the sale of products through at least Defaulting Defendants' Online Marketplaces. Pursuant to 17 U.S.C. § 504(c)(2), Plaintiff is awarded statutory damages from each of the Defaulting Defendants in the amount of fifty thousand dollars ($50,000) for willful copyright infringement of the Plaintiff's copyrighted designs. This damages award is a reasonable balance between providing some measure of compensation and deterrence, without crossing the line into over-deterrence. On 11/7/2022, the Court granted Plaintiffs' motion [16] for a temporary restraining order (TRO) and required Plaintiffs to submit a $10,000 bond in order for the TRO to become effective [27], [28]. The Court granted Plaintiff's motion [32] for a preliminary injunction on 12/5/2022 [36], [37]. The effectiveness of the preliminary injunction was not contingent upon payment of a bond, but assumed that a bond had been submitted. While resolving Plaintiff's motion for default judgment, the Court became aware that the Clerk's Office never received a bond for this case. Because only one defendant filed an appearance in this case [47], and that defendant has since been voluntarily dismissed [48], the Court finds that Plaintiff's failure to pay the bond has not prejudiced any Defendants. The Court cautions Plaintiff, however, to diligently comply with all requirements imposed by the Court going forward. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 1/19/2023. Emailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for Return of Bond

(Exhibit 1)

FULL SATISFACTION of Judgment regarding order 50 in the amount of $200,000 as to certain defendants

BOND in the amount of $ 10,000.00 company check, Receipt No. 4624278877, posted by Spin Master Ltd., Spin Master, Inc.

MINUTE entry before the Honorable Franklin U. Valderrama: A review of Plaintiffs' motion [51] and a further review by the Clerk's of Court has shown that a bond was received by the Clerk of Court. As such, for the reasons listed in the motion, Plaintiffs' motion for return of bond [51] is granted. The ten thousand dollar ($10,000.00) cash bond posted by Plaintiffs, including any interest minus the registry fee, is hereby released to Justin T. Joseph of Greer Burns & Crain Ltd. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Justin T. Joseph of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606. Emailed notice

RETURN OF BOND ORDER: Signed by the Honorable Franklin U. Valderrama on 2/7/2023. Emailed notice

FULL SATISFACTION of Judgment regarding order 50 in the amount of $200,000 as to certain defendant