2022-cv-05078

COMPLAINT filed by Ubisoft Entertainment, S.A. and Ubisoft, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-19852795.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. by Robert Payton Mcmurray

MOTION by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Ubisoft Entertainment, S.A. and Ubisoft, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ubisoft Entertainment, S.A. and Ubisoft, Inc.

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. 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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ubisoft Entertainment, S.A. Amended Notification of Affiliates

AMENDED complaint by Ubisoft Entertainment, S.A. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc.

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for temporary restraining order Plaintiff's 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 Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for temporary restraining order, 15

Declaration Muraccini Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 of Muraccini Declaration

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 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 Defendants 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 Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 6 for leave to file under seal is granted in light of the asset-restraint goal. By 10/14/2022, 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 for extra pages 14 is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 10/21/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 10/14/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/06/2022. Emailed notice

SURETY BOND in the amount of $ 10,000.00 posted by Ubisoft Entertainment, S.A., Ubisoft, Inc. (Document not scanned)

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the facts that justified entry of the initial TRO, the motion to extend the TRO 21 is granted through 11/03/2022. The tracking status hearing of 10/21/2022 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 Plaintiff shall file a status report by 10/28/2022, or file a motion for preliminary injunction if appropriate. Emailed notice

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for preliminary injunction 23

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 23

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

SUMMONS Returned Executed by Ubisoft Entertainment, S.A., Ubisoft, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/28/2022, answer due 11/18/2022.

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 is granted. Given the answer deadline of 11/18/2022, the tracking status hearing of 11/04/2022 is reset to 12/02/2022 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 11/28/2022, or the Plaintiffs shall file a default judgment motion if appropriate by that same deadline. Mailed notice.

(Initial Status Report) (cn)

PRELIMINARY INJUNCTION Order signed by the Honorable Edmond E. Chang on 11/3/2022. Mailed notice

STATUS Report by Ubisoft Entertainment, S.A., Ubisoft, Inc.

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 29, in light of the settlement discussions, the default-judgment motion deadline is reset to 12/19/2022. The tracking status hearing of 12/02/2022 is reset to 12/30/2022 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 a status report by 12/19/2022, along with the default-judgment motion (if one is filed). Emailed notice

STATUS Report by Ubisoft Entertainment, S.A., Ubisoft, Inc.

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. 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 Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for default judgment 33

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 33

(Exhibit Hierl Exhibit 1)

ORDER signed by the Honorable Edmond E. Chang on 12/26/2022. For the reasons stated in the Order, the Plaintiff's motion for default judgment is granted and judgment shall be entered in favor of the Plaintiff and against each Defendant in the amount of twenty-five thousand dollars ($25,000) as to each Defendant. Permanent injunction entered in light of the finding of willfulness. A separate AO-450 judgment shall be entered. The tracking status hearing of 12/30/2022 is vacated. Civil case terminated. Mailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 12/26/2022. Mailed notice