2022-cv-04718

COMPLAINT filed by Tommy Hilfiger Licensing LLC, Calvin Klein, Inc., Calvin Klein Trademark Trust; Filing fee $ 402, receipt number AILNDC-19804281.

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Exhibit 4

(Exhibit 5)

SEALED EXHIBIT by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC Schedule A regarding complaint, 1

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for leave to file under seal

CIVIL Cover Sheet

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

Notice of Claims Involving Trademarks by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC

ATTORNEY Appearance for Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC by Marcella Deshonda Slay

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

AMENDED complaint by Tommy Hilfiger Licensing LLC, Calvin Klein, Inc., Calvin Klein Trademark Trust against The Partnerships and Unincorporated Associations Identified on Schedule A

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SEALED EXHIBIT by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC Schedule A regarding amended complaint, [12]

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for leave to file a Second Amended Complaint Instanter

Second AMENDED complaint by Calvin Klein, Inc., Calvin Klein Trademark Trust against [Redacted] and the Individuals and Entities Operating [Redacted] and terminating Tommy Hilfiger Licensing LLC

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SEALED EXHIBIT by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc. Schedule A regarding amended complaint, [15]

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 14 to file Second Amended Complaint is granted. The motion 3 to file under seal is granted in light of the goal of asset restraint. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 09/23/2022 at 8:30 a.m. Emailed notice

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names,a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC in support of motion for temporary restraining order, 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

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(Exhibit 4)

DECLARATION of Dawn Buonocore-Atlas regarding memorandum in support of motion 19

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(Exhibit 2)

SEALED EXHIBIT by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC Exhibit 3 regarding declaration 21

SEALED EXHIBIT by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC Exhibit 4 regarding declaration 21

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC in support of motion for miscellaneous relief 24

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 25

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Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 18 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. By 09/30/2022, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 24 for electronic service of process is granted. The tracking status hearing of 09/23/2022 is reset to 10/07/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 09/30/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/22/2022. Emailed notice

SUMMONS Issued as to Defendant [Redacted] and the Individuals and Entities Operating [Redacted] (jk2,)

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/22/2022. Emailed notice

BOND in the amount of $ 1,000.00 check, Receipt No. 4624277243, posted by Calvin Klein Trademark Trust, Calvin Klein, Inc.

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Calvin Klein Trademark Trust, Calvin Klein, Inc. in support of motion for preliminary injunction 30

Declaration of Marcella D. Slay

(Exhibit 1)

SUMMONS Returned Executed by Calvin Klein, Inc., Calvin Klein Trademark Trust as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/30/2022, answer due 10/21/2022.

Declaration of Marcella D. Slay

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction 30 is granted. Given the answer deadline of 10/21/2022, the tracking status hearing of 10/07/2022 is reset to 11/04/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 10/27/2022. If the Defendants do not answer on time, then they are deemed in default, and the Plaintiffs shall instead file a motion for default judgment on 10/27/2022. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 10/06/2022. Emailed notice

NEW PARTIES: calvinkleinfactoryoutlet.com added to case caption.

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for entry of default, MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for default judgment as to all Defendants

EXHIBIT by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC Exhibit A regarding MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for entry of default MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for default judgment as to all Defendants 35

MEMORANDUM by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC in support of motion for entry of default, motion for default judgment, 35

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 37

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of an answer, the motion 35 for default judgment is granted. As explained in the Order, judgment shall be entered in favor of the Plaintiffs and against the Defendant in the amount of fifty-thousand dollars ($50,000). Permanent injunction entered in light of the finding of willfulness. A separate AO-450 judgment shall be entered. The tracking status hearing of 11/04/2022 is vacated. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable Edmond E. Chang on 11/3/2022. Mailed notice

ENTERED JUDGMENT on 11/3/2022. Mailed notice

AMENDED FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/14/2023. Emailed notice