2022-cv-04799

COMPLAINT filed by Deckers Outdoor Corporation; Filing fee $ 402, receipt number BILNDC-19815113.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Schedule A regarding complaint[1]

MOTION by Plaintiff Deckers Outdoor Corporation for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deckers Outdoor Corporation

Notice of Claims Involving Trademarks by Deckers Outdoor Corporation

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Allyson M. Martin

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Marcella Deshonda Slay

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.

MOTION by Plaintiff Deckers Outdoor Corporation for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Deckers Outdoor Corporation 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 Lisa Bereda regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 2 - Parts 1-2 regarding declaration 16

Exhibit 2-1

(Exhibit 2-2)

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 3 regarding declaration 16

MOTION by Plaintiff Deckers Outdoor Corporationfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Deckers Outdoor Corporation 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 Martha M. Pacold: Plaintiff's motion for leave to file under seal: (1) Schedule A attached to the Complaint; and (2) screenshot printouts (Exhibits 2 and 3 to the Declaration of Lisa Bereda) 3 is granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, temporary transfer of the domain names, temporary asset restraint, and expedited discovery 13 is granted. Plaintiff's motion for electronic service of process pursuant to Fed.R.Civ.P. 4(f)(3) 19 is granted. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/15/2022:

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jk2,)

SURETY BOND in the amount of $ 10,000.00 posted by Deckers Outdoor Corporatio. (Document not scanned) (Main Document 24 replaced on 9/21/2022).

MOTION by Plaintiff Deckers Outdoor Corporation for extension of time of Temporary Restraining Order

MEMORANDUM by Deckers Outdoor Corporation in support of extension of time 25

(Declaration of Allyson M. Martin)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO [25] is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO entered on 9/15/2022 [22] is extended until 10/13/2022.

EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/30/2022:

MOTION by Plaintiff Deckers Outdoor Corporation for preliminary injunction, MOTION by Plaintiff Deckers Outdoor Corporation for extension of time of Temporary Restraining Order

(Exhibit A)

MEMORANDUM by Deckers Outdoor Corporation in support of motion for preliminary injunction, extension of time 29

Declaration of Allyson M. Martin

(Exhibit 1)

SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/7/2022, answer due 10/28/2022.

Declaration of Marcella D. Slay

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 29 under advisement and will consider the motion unopposed if no defendant appears and objects by 10/24/2022. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering the TRO, as well as in Plaintiff's earlier motion 25 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.

MINUTE entry before the Honorable Martha M. Pacold: In the court's 10/14/2022 minute entry [32], it gave all defendants until 10/24/2022 to object to plaintiff's motion for preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [29] is granted. 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.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 11/18/2022:

ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on November 18, 2022. Mailed notice

NEW PARTIES: Shop5606321 Store, donnerai.com, investidpr.shop, kectiosdiy-mall.com, novashop21.com, adidasi-hoka.com, ardhoadnan.com, bsasuitz.com, cxmplatam.com, greecespeedgoatoutlet.com, hokaayakkabitr.com, hokadiscount.store, hoka-greece.com, hokakengat.com, hokanzoutletfactory.com, hokaoneone-canada.com, hokaoneonejpshop.com, hokaoneoneshoesuk.com, hokaoneoneslovenija.com, hokaoneoneucuz.com, hokaoneonex.top, hokaonesalesuk.com, hokaooutlet.com, hokaoutlet.com, hokaoutletfrance.com, hokaoutlets.store, hokaoutletus.store, hokapricephilippines.com, hokaruning.store, hokarunrun.com, hokarunshoes.com, hokasales.store, hokaschuhe-schweiz.com, hokashipco.us, hokashoe.net, hokashoeforwomen.com, hokashoesvip.store, hokashopmall.com, hokaskobutik.com, hokaskorsverige.com, hokasneakers.us, hokasports.com, hokass.com, hokastorescanada.com, hokausa.shop, hoka-usa.shop, hokaussale.online, hosneaker.com, marahoka.store, myanpharmacy.com, oeoashop.com, pratasizeonline.com, runhoka.top, shoesbrandinindia.com, shoeshoka.com, shoesmalaysiaonline.com, snowboot-us.top, sphmnetwork.com, suomikengatnetista.com, tenishokaportugal.com, tevacopenhagen.com, tevaireland.org, tevaoutletmexico.com, tevasaleindia.co.in, tevassale.com, tevaturkey.org, turkayakkabimarkalari.com, uggbootsonlineaus.com, uggbootssale.top, ugg-chile.com, uggclearance.com, uggcsizmaoutlet.com, uggenargentina.com, ugg-greece.com, uggmagyarorszag.net, uggnewzealandnz.com, uggniceboots.top, ugg-outlet.store, ugg-romania.com, uggsaleaustralia.com, uggsalevip.top, uggshoessingapore.com, uggsoutletnz.com, uggstores.com, uggstylebootscanada.com, ugg-suomi.com, ugg-uk.com, uggussale.com, uggwinterboots.top, uggxcanada.com, usahokaone.shop, usenet-zone.com, us-hoka.com, ushoka.top, ushoka-one.top, ushokaoneshoes.top, ushokaoutlet.top, us-hokasports.top, usshokaone.shop, ustheugg.online, visitacastril.com, xmasuggboots.com and hokaoutlet.store added to case caption.

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.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a status report by 6/12/2023 as to how it intends to proceed in this case.

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Thomas Joseph Juettner

MOTION by Plaintiff Deckers Outdoor Corporationfor Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MOTION by Plaintiff Deckers Outdoor Corporation for default judgment as to as to all Defendants, MOTION by Plaintiff Deckers Outdoor Corporation for entry of default as to all Defendants

Exhibit A

MEMORANDUM by Deckers Outdoor Corporation in support of motion for default judgment, motion for entry of default, [41]

Declaration of Justin R. Gaudio

Exhibit 1

STATUS Report by Deckers Outdoor Corporation

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 39 is granted. Defendant donnerai.com is dismissed. Plaintiff has already filed an amended Schedule A on the docket, 40. Any defendant objecting to Plaintiff's motion for entry of default and default judgment 41 must enter an appearance and file a written objection by 6/22/23. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. Mailed notice.

ORDER: In the court's 6/13/2023 minute entry 44, it gave all defendants until 6/22/2023 to object to plaintiff's motion for entry of default and default judgment 41. The court grants plaintiff's motion 41 for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 6/26/2023: Mailed notice.

DEFAULT JUDGMENT ORDER: Signed by the Honorable Martha M. Pacold on 6/26/2023: Mailed notice.