2022-cv-04317

COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19745422.

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal

MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 10

Declaration Gorman Declaration

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 5 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 6 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 7 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 8 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 9 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 10 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 11 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 12 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 13 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 14 of Gorman Declaration

Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC

MAILED Copyright report to Registrar, Washington DC

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal 6, for excess pages 9, and for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process 10 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits (although not overwhelming as to every single defendant), the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property and causes consumer confusion. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court is doubtful that the defendants are properly joined. Plaintiff makes no showing that a defendant selling a mobile phone cover is engaged in the same transaction as a defendant selling a t-shirt (the similarities in online storefronts is not a persuasive indicator of joint action). In addition, plaintiff's likelihood of success as to each defendant is not the same. For example, the product depicted at 21 at 164 is a transparent cell phone case. The defendant may be using a copyrighted work in certain images, but the product itself does not appear to infringe and the seller is not advertising its product by trading on the Care Bears brand. Plaintiff's showing is weak as to that defendant, and raises a concern that plaintiff is overplaying its hand (especially by naming 249 likely improperly joined defendants in a single complaint). There is a risk that every defendant is wrongfully enjoined by an injunction issued in such a case. To properly secure against the damages caused by a wrongful injunction, plaintiff must post $2,490,000 ($10,000 per defendant). Plaintiff shall post security by August 30, 2022. Enter Sealed TRO. If security is not timely posted, the court will vacate the ex parte TRO and unseal all filings. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 8/23/2022. Notices mailed.

AMENDED complaint by Those Characters from Cleveland, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Amended Schedule A

MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Renewed 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 Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 34

Declaration Gorman Declaration

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 of Gorman Declaration

MOTION by Plaintiff Those Characters from Cleveland, LLC for reconsideration Plaintiff's Motion for Reconsideration of the August 23, 2022 Order [Dkt. No. 30]

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for reconsideration 37 and renewed motion for an ex parte TRO 34 are granted. Plaintiff has filed an amended complaint that drops the claims against most of the defendants in the original complaint. See 33. The court's earlier TRO 31 is vacated, but may remain under seal. The court warns plaintiff that it must not use that now-vacated TRO to freeze any assets. The court again reminds counsel at Hughes Socol that it should not submit proposed orders that propose relief as to "Defendant Domain Names" when plaintiff's complaint and Schedule A lists no "Defendant Domain Names." The court will not enter injunctions against unidentified domain names and will not enter domain name transfer orders when plaintiff lists only aliases and online marketplace accounts. Plaintiff's renewed motion for a TRO is granted for the same reasons the original TRO was granted, and a bond in the amount of $10,000 is sufficient security. Enter Sealed TRO. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 8/30/2022. Notices mailed.

SURETY BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC. (Document not Scanned)

MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 41 is granted. The TRO is extended to 9/27/22. Notices mailed.

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

MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction 43

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 43

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

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 67

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be filed by 9/27/22. If no objections are filed, the motion will be considered unopposed.

SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 9/22/2022, answer due 10/13/2022.

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 1, 2

MINUTE entry before the Honorable Manish S. Shah: No objections to the motion for a preliminary injunction have been filed. The motion 43 is unopposed and granted. The evidence submitted in support of the TRO establishes that a preliminary injunction should issue, because plaintiff has demonstrated a likelihood of success, irreparable harm, and the absence of harm to defendants from the requested injunction. Enter preliminary injunction. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 10/11/2022. Notices mailed.

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiff Those Characters from Cleveland, LLC 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 Those Characters from Cleveland, LLC in support of motion for default judgment 53

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 53

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for entry of default judgment must be properly filed by 12/27/22. If no objections are filed, the motion will be considered unopposed.

MINUTE entry before the Honorable Manish S. Shah: No objections to the motion for default judgment have been filed. The motion 53 is granted. The court finds that $50,000 is a sufficient award of statutory damages. Plaintiff offers no evidence of actual damages, lost profits, or infringing sales, and fifty thousand dollars adequately reflects the value of the brand and the need to deter infringement that it easy to commit but difficult to detect. Enter Default Judgment and terminate civil case. Notices mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 12/28/2022. Notices mailed.