2022-cv-05171

2022-cv-05171 Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :9/23/2022
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

Sept. 22, 2022

COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 402, receipt number AILNDC-19868885.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

2

Sept. 22, 2022

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint[1]

3

Sept. 22, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal

4

Sept. 22, 2022

CIVIL Cover Sheet

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.

5

Sept. 22, 2022

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc.

6

Sept. 22, 2022

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc.

7

Sept. 22, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio

8

Sept. 22, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler

9

Sept. 22, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson

10

Sept. 22, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph

11

Sept. 23, 2022

MAILED trademark report to Patent Trademark Office, Alexandria VA

12

Sept. 23, 2022

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

13

Sept. 28, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

14

Sept. 28, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for temporary restraining order[13]

15

Sept. 28, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

16

Sept. 28, 2022

DECLARATION of Chris Harrs regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

17

Sept. 28, 2022

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 - Parts 1-11 regarding declaration[16]

18

Sept. 28, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

19

Sept. 28, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for miscellaneous relief[18]

20

Sept. 28, 2022

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

Exhibit 1

Exhibit 2

21

Sept. 30, 2022

MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 are set for telephonic hearing on 10/5/2022 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

22

Oct. 5, 2022

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Kahlia Roe Halpern

23

Oct. 5, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 10/5/2022. For the reasons stated on the record, Plaintiffs' motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 are granted. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 2 and (2) Exhibit 4 to the Declaration of Chris Harrs. Parts 1-11 17. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 10:30 a.m. on 10/5/2022 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 10/19/2022 at 10:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

24

Oct. 5, 2022

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 10/5/2022.

25

Oct. 11, 2022

SURETY BOND in the amount of $ 10,000 posted by Spin Master Ltd., Spin Master, Inc. (document not imaged)

26

Oct. 14, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order

27

Oct. 14, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time 26

(Declaration of Justin T. Joseph)

28

Oct. 19, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 10/19/2022. Plaintiffs' ex parte motion to extend the temporary restraining order 26 is granted. The Court finds good cause to extend the temporary restraining order through 11/2/2022 pursuant to Fed. R. Civ. P. 65(b)(2). Telephonic status hearing set for 11/2/2022 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

29

Oct. 27, 2022

ATTORNEY Appearance for Defendant leerfly by Haipeng Xiao

30

Oct. 28, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction

(Exhibit A)

31

Oct. 28, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction 30

Declaration of Justin T. Joseph

(Exhibit 1)

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

32

Oct. 28, 2022

SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/28/2022, answer due 11/18/2022.

Declaration of Justin T. Joseph

(Exhibit A)

33

Nov. 2, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 11/2/2022. Only Plaintiff appears. For the reasons stated on the record, Plaintiffs' motion for entry of a preliminary injunction 30 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal Schedule A to the complaint 2, Exhibit 4 to the Declaration of Chris Harrs, Parts 1-11 17 and the Sealed Temporary Restraining Order 24. Greer, Burns & Crain, Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website www.ilnd.courts.com/instructions. Telephonic status hearing set for 12/20/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

34

Nov. 2, 2022

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 11/2/2022. Mailed notice

NEW PARTIES: Shenzhen Zhanxin Clothing Co., Ltd., Xingcheng Ou Yade Garment Co., Ltd., Bengbu Swan Gifts Co., Ltd, Changsha Dahuan Electronic Technology Co., Ltd., Dehua Fulun Arts & Crafts Factory, Fujian Fengyu Sichuang Trade Co., Ltd., Fuzhou Superstar Import & Export Co., Ltd., Guangzhou Yongying International Trading Co., Ltd., Guangzhou Youth Station Apparel Co., Ltd., Hangzhou Xiangtong Magnetic Products Co., Ltd., Quanzhou Wantwell Information & Technology Co., Ltd., Quanzhou Yaer Electronic Commerce Co., Ltd., Shenzhen Emiry Trading Company Ltd., Shenzhen Esport Technology Co., Ltd., Shenzhen Jinghuida Optoelectronic Co., Ltd., Shenzhen Yungang Supply Chain Management Co., Ltd., Yiwu Centennial Festival Supplies Firm, Yiwu Dinghui Handicraft Co., Ltd., Yiwu Fuxin Trade Co., Ltd., Yiwu Largo Import And Export Co., Ltd, Yiwu Tip Top Accessories Co., Ltd., Yiwu Yifu Import And Export Co., Ltd., All Night Revelry Store, Among Us Store, Anime-House Store, ARMYQZ 03 Store, BackdropByNitree Store, Brilliant Party Life Store, Brilliant Party Store, Cainiao Party Store, CC6 Blocks Store, Children Anime supplies Store, Children Educational Toy Store, Childrens happy toy store Store, Decorative poster Store, Disney Action Figures Store, Disney Diamond Painting Store, Disney Party Store, Doitbest Official Store, elsa's wholesale store, Fineny Store, Gathering toy Store, GLA Animated Toy Store, Go Crazy Party Store, Happy Party First Store, Heng xin wang Store, JUHENGSHIPIN Store, Juhua diamond painting Store, KaiIin Toy Store, Kids Homes Store, Kids-toy Store, Legends Awakened Store, LU Stickers Store, lww plush Store, Miniup Store, Ninja Costume Store, Nitree-Background Backdrop Store, PAW PATROL TOY GIFT HOME Store, Pokemoon Party Store, rudongling Store, RZ-STORE Store, Shop1100042165 Store, Shop1100102014 Store, Shop1100345326 Store, Shop1100346620 Store, Shop1102063067 Store, Shop1102088305 Store, Shop3146052 Store, Shop911389045 Store, Shop911545108 Store, Shop911547114 Store, Shop911553397 Store, Shop911606079 Store, Sunflowers House Store, Three-Dimensional clothing Store, TyBeanie Babies Store, Yaotian Factory Store, YS0601-Decor Store, YUXIN Toy Store, ZCB Cos Store, zl1993 Store, A1VS7MXZZN3WJ8, A1WDSBEZBTXDAS, A1ZFVF156WYFWV, A28CBMATCZK976, A2KXFNNIVWN0PN, A2TCELHRIDWNE6, A35OW5XFON5IXC, A37VCZPAMZJ8P4, A3MIJR9AAUCUDC, A5MKV80NVVQAP, A71M3A42WTB38, AHGV4QNZQJL5N, Arret, ATYU3O5ZIRUNN, AXTFP3QQ6BMHA, Bibodedian, changchunshiyimeiyashangmaoyouxiangongsi1, chengdumudanmukejiyouxiangongsi, chenjiangbodebeimeidianpu, chenrilong, chenxiaofengriyongbaihuoyouxiangongsi, CHUANLU US, CJB party, cobcobb, Darklater, diuding shop, djhhjkdshd, dongguanminqingbaihuoyouxianzerengongsi, Dongheng boutique, Dongjin-us, duanxiaoyudemaozhuaidan, fanchenglong02, Feicunshangmao, fujianshengguangheyanshejianzhukejiyouxiangongsi, gkljhngjgf, GladNess-US, gongfanfengshangmaoyouxiangong, haikoubitanxinxijishuyouxiangongsi, haikoucangyueludianzishangwuyouxiangongsi, hefeifenliaowangluokejiyouxiangongsi, Henanweizhashangmaoyouxiangongsi, hengyangshinanyuequcuiyingbaihuodian, HK TUOTAN INDUSTRIALLIMITED, Hong Shengfu, Honghesi House, hongyaosheng, huanghaoxiangdemaozhuadian, HUANGJIN, huasheng001, Hwensian, HZHKGJSM, Imperialgard2022US, jiang kou jia qi hua zhuang pin gong zuo shi, jiaxindemaozhuadian, JIFEHYYH Party Decoration Shop, jinandingfeihangdianzishangwuyouxiangongsi, Jingdan-US, Jingxuanjuying, jiuyoubaihuoshanghang, JJKFJBFJJK, JU,KM4896YU6JM165RY1TH6ETG1E6R81, Juyudianzishang, kexinbaihuodian, King Ye US, kmiousparty, La Tartelette, Lavmswa-us, Lavmswa-x, LEYILIYY, LIiiiili, likangning, liuchidemaozhuadain, liuliuheqiqi, LIUSUHAN, LOFTPLUS, lubingbing123, Luckycjy, luohaozhongdebeimeidianpu, lusongqutuweibaihuodian, lvchaohua, LYOUNGYU, MCXXZWLKJYXGS, MengLongBaiHuo US, MIJIA HONG KONG CO., LIMITED, MiluParty, minshus, MOCEJOE, nanhaodeyigui-us, Niangsui-US, ockersigoose, OUTSPOT, party toys, PARTYYA, PEACHGOGO, PuJinChengdemaozhuadian, qijunwwstore, QINKECOM, Resounding, RunbuyKery, runrun shop, SANSHENGXIN, ShenQuanDian US, shijiedemaozhuadian, sunzhenyudd, Super Sale008, tlusan, Tokfavory, TopDesigner, TXTWJ, US Luck Girl, VDSVXZ1, wanghanwei, wangpingli, Wang-YU, WANZAIXIANLONGMASOU US, WWDparty, XIAOUIT, Xinyingtoone, xixianxinqufengdongxinchengbingqiyoubaihuodian, X-Valley, yangshuhong, yangyunsbo, Yhgsytew14, YING CHAK TRADING DEVELOP LIMITED, YISHANB, YIUYIU Party, Yumux-us, yunxiaoxianfengxianbaihuodian, zhangjiahedianzi, ZHANGLI_RUIJIA, zhangyaoliao, zhangzxinxni, zhenmin trading co., ltd., ZHOUJUYUBAIHOU US, zhuangshufang66, zhuyuzhandedian, zlwhh111, ZOISAN US, bandaotiehe, chp-1731, dmmy10088zi, fresh-yard, haikouchengdeliwang0, hkweddingstore, jiangxizhaoensh_0, ldo936, xinhema-68, yubuyishengbestseller5, zhaoguotao, BeautifulArtPainting, MMboutiqueGifts, Great Electronics, Olexman, US ALSISK, US EFISH and zhengzhouzhaliangshangmaoyouxiangongsi added to case caption.

35

Nov. 11, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

36

Nov. 18, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

37

Nov. 18, 2022

ANSWER to Complaint with Jury Demand by leerfly

38

Dec. 2, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

39

Dec. 9, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to strike the Affirmative Defenses in Defendant's Answer to the Complaint

40

Dec. 15, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

41

Dec. 16, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to a certain Defendant

42

Dec. 16, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to approve consent judgment as to a certain Defendant

(Exhibit A)

43

Dec. 16, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants with the exception of certain Defendants

(Exhibit A)

44

Dec. 16, 2022

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment, 43

(Exhibit 1)

45

Dec. 16, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 44

(Exhibit 1)

46

Dec. 20, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to a Certain Defendant

47

Dec. 20, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 12/20/2022. Plaintiff's motion to strike the affirmative defenses in Defendant's answer to the complaint 39 is terminated as moot in light of Plaintiff's settlement with that defendant. As explained on the record, the Court cannot rule on Plaintiff's motion for entry of a consent judgment as to a certain Defendant 42 without additional information. In particular, the Court is concerned by the lack of any stipulation evidencing Defendant Great Electronics's consent to entry of judgment against it. Accordingly, prior to the next status hearing, Plaintiff shall supplement its motion for entry of a consent judgment to include a stipulation signed by Defendant Great Electronics evidencing their consent to entry of the requested consent judgment. For the reasons stated on the record, Plaintiffs' motion for entry of default and default judgment as to all remaining defendants, with the exception of defendants Leerfly and Great Electronics 43 is entered and continued. Telephonic status and motion hearing is set for 1/3/2023 at 10:15 AM. Any party desiring to be heard regarding the motion for entry of default judgment shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to appear at the hearing. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

48

Dec. 28, 2022

ATTORNEY Appearance for Defendant Great Electronics by Adam Edward Urbanczyk

49

Dec. 28, 2022

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to approve consent judgment as to a Certain Defendant (Renewed)

Declaration of Adam E. Urbanczyk

50

Dec. 29, 2022

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

51

Dec. 29, 2022

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.

52

Jan. 2, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Quinn Bradley Guillermo

53

Jan. 12, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant

54

Jan. 17, 2023

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/3/2023. Only Plaintiff appears. For the reasons stated on the record, the Court grants Plaintiffs' agreed motion for entry of a consent judgment as to a certain defendant [49] and Plaintiffs' motion for entry of default and default judgment as to all remaining defendants, with the exception of Defendants Leerfly and Great Electronics [43]. Enter Orders. All claims as to all Defendants having been resolved, the case is closed. Civil case terminated. Mailed notice

55

Jan. 17, 2023

CONSENT JUDGMENT AS TO DEFENDANT GREAT ELECTRONICS. Signed by the Honorable Andrea R. Wood on 1/17/2023. Mailed notice

56

Jan. 17, 2023

FINAL JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 1/17/2023. Mailed notice

57

Jan. 18, 2023

MAILED trademark report with certified copy of minute order dated 1/17/23 to Patent Trademark Office, Alexandria VA.

Certified Minute Order

58

Jan. 26, 2023

FULL SATISFACTION of Judgment regarding order[56] in the amount of $500,000 as to certain defendants

59

Feb. 13, 2023

NOTICE of withdrawal of Surety Bond [25] by John Summerfield, Greer Burns & Crain, Ltd.

60

May 4, 2023

FULL SATISFACTION of Judgment regarding order 56 in the amount of $500,000 as to certain defendant

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