2022-cv-06156

COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 402, receipt number AILNDC-20019974.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited Schedule A to Complaint [1]

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pink Floyd (1987) Limited

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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.

SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited [Amended] Schedule A to Complaint (1) and Schedule A to Complaint(2)

MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file under seal

MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file excess pages

MEMORANDUM in support of 14 Exparte motion

Declaration of Keith A. Vogt

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

Declaration of Thomas Schlegel

(Exhibit 1, of Thomas Schlegel's declaration)

SEALED EXHIBIT by Plaintiff Pink Floyd (1987) Limited Sealed Exhibit 2, Declaration of Thomas Schlegel regarding memorandum in support of motion, 15

(Exhibit 2-1)

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 Edmond E. Chang: The Plaintiff's motion 14 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. The Plaintiff's motion 12 for leave to file under seal is granted in light of the asset-restraint goal. The public version of the TRO will be entered contemporaneously. The Plaintiff's request for electronic service of process is granted. The extra-pages motion 13 is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/03/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 01/30/2023. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/23/2023. Emailed notice

(Public Version) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/23/2023. Emailed notice

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

SURETY BOND in the amount of $ 10,000.00 posted by Pink Floyd (1987) Limited (Document not scanned).

MOTION by Plaintiff Pink Floyd (1987) Limited for extension of time for temporary restraining order

MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction

MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction[23]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

SUMMONS Returned Executed by Pink Floyd (1987) Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/1/2023, answer due 2/22/2023.

Declaration of Service

MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the initial TRO, the motion for preliminary injunction 23 is granted. The extension motion 22 is terminated a moot. The tracking status hearing of 02/03/2022 is reset to 03/03/2023 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 02/24/2023, or the Plaintiff shall file a motion for default judgment if appropriate. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 02/02/2023. Emailed notice

MOTION by Plaintiff Pink Floyd (1987) Limited for default judgment as to for Entry of Default and Default Judgment Against the Defendants Identified in [Amended] Schedule A

MEMORANDUM by Pink Floyd (1987) Limited in support of motion for default judgment[28]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[28] before Honorable Edmond E. Chang on 3/3/2023 at 08:30 AM.

DEFAULT FINAL JUDGMENT ORDER signed by the Honorable Edmond E. Chang on 2/24/2023: The Plaintiff's motion for default judgment 28 is granted in light of the absence of a timely answer. Statutory damages is awarded in the amount of $10,000 (ten-thousand dollars). A separate AO-450 judgment shall be entered. Permanent injunction entered in light of the finding of willfulness. The tracking status hearing of 03/03/2023 is vacated. Civil case terminated. Mailed notice

ENTERED JUDGMENT on 2/24/2023. Mailed notice