2022-cv-03937

COMPLAINT filed by Swarovski Aktiengesellschaft, Swarovski North America Limited; Filing fee $ 402, receipt number AILNDC-19692525.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Schedule A regarding complaint[1]

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Swarovski Aktiengesellschaft, Swarovski North America Limited

Notice of Claims Involving Trademarks by Swarovski Aktiengesellschaft, Swarovski North America Limited

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Isaku Begert

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Thomas Joseph Juettner

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. (Text entry; no document attached.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA

(List of Trademarks Exhibit 1)

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

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for temporary restraining order, [13]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Kateryna Pereverzeva regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Exhibit 3 - Parts 1-5 regarding declaration[16]

SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Exhibit 4 regarding declaration[16]

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limitedfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for miscellaneous relief[19]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

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 13 and Plaintiff's motion for electronic service of process 19 and motion to seal 3 are granted. Enter Sealed Temporary Restraining Order. Telephonic status set for 8/17/22 at 9:45am. 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 8/2/2022. Mailed notice.

SURETY BOND in the amount of $ 10,000 posted by Swarovski Aktiengesellschaft, Swarovski North America Limited.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for extension of time of Temporary Restraining Order

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of extension of time 25

(Declaration of Isaku M. Begert)

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's ex parte motion to extend the temporary restraining order 25 is granted. TRO is extended to 8/30/22. Telephonic status hearing set for 8/17/22 is stricken and reset to 8/30/22 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. Mailed notice.

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Marcella Deshonda Slay

MOTION by Attorney Isaku M. Begert to withdraw as attorney for Swarovski Aktiengesellschaft, Swarovski North America Limited. No party information provided

MINUTE entry before the Honorable Mary M. Rowland: Motion to withdraw as counsel [29] is granted. Isaku M. Begert is granted leave to withdraw as counsel for Plaintiffs. Mailed notice.

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for extension of time of Temporary Restraining Order

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of extension of time[31]

Declaration of Marcella D. Slay

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' motion to extend the temporary restraining order 31 is granted. TRO is extended to 9/13/22. Telephonic status hearing set for 8/30/22 is stricken and re-set to 9/13/22 at 9:30am. 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. Mailed notice.

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for preliminary injunction, MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for extension of time of Temporary Restraining Order

Exhibit A

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for preliminary injunction, extension of time, [35]

Declaration of Marcella D. Slay

Exhibit 1

SUMMONS Returned Executed by Swarovski Aktiengesellschaft, Swarovski North America Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/7/2022, answer due 9/28/2022.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for entry of a preliminary injunction and to extend the temporary restraining order [35] is set for the same day as the previously-set status hearing of 9/13/22 at 9:30am. Parties shall call 866-434-5269; access code 3751971. Mailed notice.

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Rachel S Miller

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status and motion hearing held. Plaintiff's counsel appeared telephonically. Defendants did not appear. For the reasons stated on the record, Plaintiff's motion for motion for entry of a preliminary injunction and to extend the temporary restraining order 35 is granted in part and denied in part. The court grants Plaintiff's motion for entry of a preliminary injunction order and denies the motion to extend the TRO. 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 set for 10/28/22 at 9:30am. 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. Mailed notice.

PRELIMINARY INJUNCTION Order Signed by the Honorable Mary M. Rowland on 9/13/2022. Mailed notice.

NEW PARTIES: Dongguan Jingyang Trading Co., Ltd., Fuzhou Millionsstyle E-Commerce Co., Ltd., Guangzhou Antusheng Trading Co., Ltd., Guangzhou Chuanglida Jewelry Co., Ltd., Guangzhou Gumei Car Accessories Co., Ltd., Guangzhou Guqi Trading Co., Ltd., Guangzhou Kemanqi Watch Industry Co., Ltd., Guangzhou Licas Trading Co., Ltd., Haifeng Meilong Jiada Jewelry Factory, Haifeng Xingdaimei Jewelry Factory, Hangzhou Jia Mei Jewelry Limited Company, Hangzhou Junyi Trading Co., Ltd., Jade (Tianjin) Technology Co., Ltd., Jiangxi Songcheng Technology Co., Ltd., Pujiang Gangsen Trading Co., Ltd., Qingdao Angelia Eyelashes Co., Ltd., Shanghai Yuxiang Industrial Co., Ltd., Shenzhen Aimeina Technology Co., Ltd., Shenzhen Baiyuehui Jewelry Co., Ltd., Shenzhen Hengdewo Industrial Co., Ltd., Shenzhen Xinruilong Craft Products Co., Ltd., TAIZHOU JUSHENG MOULD AND PLASTIC CO., LTD., Xiamen Ponees Trading Co., Ltd., Xingyue (Guangzhou) Trading Co., Ltd., Yigulang (zhangzhou) Trading Co., Ltd., Yiwu Baier Trade Co., Ltd., Yiwu Blingstar Arts & Crafts Co., Ltd., Yiwu Flower Luxury E-Commerce Firm, Yiwu Gif Fashion Accessories Co., Ltd., Yiwu Laiyuan Trading Co., Ltd., Yiwu Liaoshun Trading Co., Ltd., Yiwu Xiaotong Electronic Commerce Co., Ltd., Yiwu Zhuofang Jewelry Co., Ltd., ZHEJIANG JUARA TRADING CO.,LTD, 100% Silver 925 Store, 86 18970559242 Store, Adidas-Official- Store, AiJoyful Store, Aiminwang, AWEIA Global Store, Ayu shoes Store, BUNTA Jewellry Store, Car Interiors 666 Store, Converse- Official- Store, Dayday e shop Store, DMON9 Store, ellystreet Store, Erilles Watch Factory Store, Glittery Store, GONGOUYANG Store, Here We Go Store, HGbrand Store, Jianxi Store, K Design Store, L'IVRESSE VFA-6 Store, Luckyi Store, Lucy & David Store, LUNDA Shop. Online Store, Make-Shoes-Unique Store, MEEKISS DONGDUAN CHINA Store, MI le Store, Mithyn Official Store, NEHZY Official Store, new sight Official Store, okily Official Store, Princess Street Store, Pusen888 Store, Selead Design Store, Shop1100090190 Store, Shop910361043 Store, Shop911236114 Store, Shop911606069 Store, SilverAdornS pecialty store Store Store, SNQP Jewelry Discount Store, Trendy Ornament Store, Tuswans Official Store, World Factory10 Store, XUQIAN Tools Store, Yong Ai Jewellry Store, A1XLM5H2125MTD, A35ILPOQISESGG, A5QLTIC97YY3U, angyous, Beautyfunny, BG&Wling, BINB, BO LAI DE, CarCare Basics, CHIMERA Fashion Accessories, Cilmi zhang, DAKAISHANGMAO, dengrufengbaihuodian, DIY road, Eivis, FADISH, FENGTIAN STORE, gchens, GENBREE, Great_JianYan, gshuigon, gtianhaish, GuoBingDianZi, hainanyimo, HJFDNHJNDF, hssdzsw, HuaLingYuDianZiShangWu, ianwe, IMINI Jewelry, ingyos, JAJANLIFE, jingjiangkaiqingmaoyiyouxiangongsi, KangSheng Tools, kkji, KNDIOSPORT, Lang's shop, Liabu, LKET, MBGR, mengylyin, MIBOOM, NuoJieWangLuo, nzhiji, ouxiass, Pengjun External Products Store, QINGLIANG, qixianzhongchengmaoyiyouxiangongsi, shicaili, Siyibb, songqianan, TolktoUUstore, uoyuezhub, Upfeng, uxiana, Vpang Direct, wang variety shop, wangyonglinzhuanmaidian, We Hour, XiangChengShiLinSanShangMaoYouXianGongSi, XIAOLIBING, XiaoXiSi, XQDGS Store, xupeng GUO, yannuoshimu, yelizhubao, YH'shopping mall, YHXSM International Store, Yibo's shop, YinHL, yufa-us, yunchaye, YW SHOP, ZHAOCHUANCHUAN, ZHAOZONG888-US, zhengzhoumujiaowangluokejiyouxiangongsi, zhihongxuandianzi, ZLBH Lcc, asdfghjkl08, Ashley_yang, caiaccmerch, jieacc2022, summerdreamjewelry, BULL TECH, JUST CLEARANCE, TOTOKA, angqian shop, guoguokk, hejinliang, Kaleena, lmb461, Maouskymhua, wangyi5155, zhouxutao456 and swarovskijewelry.net added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to a certain defendant

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to a certain defendant

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

ATTORNEY Appearance for Defendant TOTOKA by Adam Edward Urbanczyk

MOTION by Defendant TOTOKA for extension of time

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Benjamin C.R. Lockyer

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Plaintiffs' counsel appeared telephonically. Plaintiffs continue to negotiate settlement with certain defendants. Defendant TOTOKA motion for extension of time [50] is granted. The time for Defendant to respond to Plaintiff's Complaint is extended to November 18, 2022. Plaintiffs should file a motion for default judgment prior to the status hearing. Telephonic status hearing set for 12/1/22 at 9:30am. Parties should call 866-434-5269; access code 3751971. Mailed notice.

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendant

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendant

MOTION by Defendant TOTOKA for extension of time

MINUTE entry before the Honorable Mary M. Rowland: Defendant TOTOKA's motion for extension of time [55] is granted. The time for Defendant to respond to Plaintiff's Complaint is extended to December 2, 2022. Mailed notice.

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for entry of default, MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for default judgment as to all Defendants with the exception of a certain Defendant

Exhibit A

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for entry of default, motion for default judgment, [59]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[60]

Exhibit 1

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for entry of default and default judgment [59] is set for the same day as the previously-set status hearing of 12/1/22 at 9:30am. Parties shall call 866-434-5269; access code 3751971. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status and Motion hearing held. Plaintiff and Counsel for Defendant TOTOKA appeared telephonically. Settlement discussions between the parties are still ongoing. Parties are optimistic a settlement agreement can be reached. Defendant TOTOKA response to Plaintiff's complaint is stayed pending settlement agreement. Plaintiff's motion for entry of default and default judgment as to all remaining Defendants, with the exception of TOTOKA [59] is granted. Enter Final Judgment Order. Telephonic status hearing set for 1/5/23 at 9:30am. Parties shall call 866-434-5269; access code 3751971. Status will be stricken if a stipulation to dismiss is filed prior to that date. The stipulation should also indicate whether the case can be closed. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Mary M. Rowland on 12/1/2022. Mailed notice.

FULL SATISFACTION of Judgment regarding order[64] in the amount of $500,000 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.

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited to approve consent judgment as to a certain Defendant

NOTICE by Swarovski Aktiengesellschaft, Swarovski North America Limited of Withdrawal of Motion [67]

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for entry of default, MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for default judgment as to Defendant TOTOKA

Exhibit A

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for entry of default, motion for default judgment, [69]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[70]

Exhibit 1

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' motion for entry of a consent judgment 67 is granted. Enter Consent Judgment. Mailed notice.

CONSENT JUDGMENT Signed by the Honorable Mary M. Rowland on 1/5/2023. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing. Counsel for Plaintiffs and defendant TOTOKA appeared telephonically. In light of the Notice of Withdrawal of Motion 68, Motion to Entry of a Consent Judgment as to a Certain Defendant filed on January 2, 2023 67 is withdrawn. This court vacates the consent judgment filed on 1/5/23 73. For the reasons stated Plaintiffs' motion for entry of default and default judgment against TOTOKA 69 is granted, without objection. Enter Final Judgment Order. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Mary M. Rowland on 1/5/2023. Mailed notice.

FULL SATISFACTION of Judgment regarding order[64] in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[64] in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[64] as to certain defendant

TRANSCRIPT OF PROCEEDINGS held on 9/13/22 before the Honorable Mary M. Rowland. Telephonic status. Order Number: 52169. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/8/2025. Redacted Transcript Deadline set for 7/18/2025. Release of Transcript Restriction set for 9/15/2025.