2022-cv-04360

COMPLAINT filed by Mercis B.V.; Filing fee $ 402, receipt number AILNDC-19751223.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

SEALED DOCUMENT by Plaintiff Mercis B.V. Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Mercis B.V. by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Mercis B.V. by Yanling Jiang

ATTORNEY Appearance for Plaintiff Mercis B.V. by Yi Bu

ATTORNEY Appearance for Plaintiff Mercis B.V. by Adam Grodman

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V.

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. (jk2,)

MOTION by Plaintiff Mercis B.V. for leave to file under seal

MOTION by Plaintiff Mercis B.V. for leave to file excess pages

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jk2,)

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. (jk2,)

MEMORANDUM in support of 11 Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Frank Padberg

Exhibit 1, of Frank Pradberg's declaration

(Exhibit 2, of Frank Pradberg's declaration)

SEALED EXHIBIT by Plaintiff Mercis B.V. Sealed Exhibit 3, Declaration of Frank Padberg regarding memorandum in support of motion, 12

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

(Exhibit 3-7)

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for excess pages, and motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process [9][10][11] 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, 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. 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. A $50,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 9/26/2022. Notices mailed.

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

SURETY BOND in the amount of $50,000 posted by Mercis B.V. (Document not scanned)

MOTION by Plaintiff Mercis B.V. for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable Manish S. Shah: The motion for an extension of the TRO 17 is granted. The TRO is extended to 10/24/22.

MOTION by Plaintiff Mercis B.V. for preliminary injunction

MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction[19]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

SUMMONS Returned Executed by Mercis B.V. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/18/2022, answer due 11/8/2022.

Declaration of Service

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 10/21/22. If no objections are filed, the motion will be considered unopposed. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction [19] is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. Enter preliminary injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 10/25/2022. Notices mailed.

NEW PARTIES: China*toy Store added to case caption.

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

MOTION by Plaintiff Mercis B.V. for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Mercis B.V. in support of motion for default judgment[27]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for default judgment must be properly filed by 11/21/22. If no objections are filed, the motion will be considered unopposed.

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Manish S. Shah: No defendants subject to the motion for default judgment have entered appearances or objected to the motion. The motion 27 is granted. Based on the admission of liability by virtue of the default, plaintiffs have established that defendants willfully infringe plaintiff's copyright. Equitable relief is appropriate, because plaintiffs are irreparably harmed by the loss of exclusivity and a permanent injunction is appropriate to redress that harm. No harm to defendants exists from an injunction ordering them not to infringe plaintiffs' intellectual property. Statutory damages in the amount of $50,000 per defendant (total for both theories of liability) is appropriate to deter infringement that is easy to commit, and after considering the absence of any evidence about lost profits or actual harm. Enter default judgment order. Terminate civil case. Notices mailed.

DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 11/30/2022. Notices mailed.

SATISFACTION of Judgment as to [Certain] defendants

SATISFACTION of Judgment as to defendant no. 12 Shenzhen Cyber Blue Electronic Co., Ltd.

SATISFACTION of Judgment as to defendant no. 18 Annabella baby Store and defendant no. 43 Little Bitty official Store

as to defendant no. 76 Nanjing Unico International Trade Co., Ltd. SATISFACTION of Judgment

SATISFACTION of Judgment as to defendant no. 13 Wenzhou 360 Inflatable Co., Ltd.