2022-cv-06198

COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-20024110.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray

MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. Modified on 11/8/2022.

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

((List of Trademarks, Exhibit 1))

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

AMENDED complaint by Emoji Company GmbH against The Individuals, Corporation, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Amended Schedule A

MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Emoji Company GmbH 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 Emoji Company GmbH in support of motion for temporary restraining order, 14

Declaration Santiago Declaration

Exhibit 1

Declaration Reiter Declaration

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 of Reiter Declaration

Notice of Claims Involving Trademarks by Emoji Company GmbH

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 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 01/25/2023, 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 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

MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

SURETY BOND in the amount of $ 10,000 posted by Emoji Company GmbH. (Document not scanned).

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend the TRO 21 is granted. The TRO is extended through 02/20/23. The tracking status hearing of 02/03/2023 is reset to 02/17/2023 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 02/10/2023, or the Plaintiff shall file a motion for preliminary injunction if appropriate. Emailed notice

STATUS Report by Emoji Company GmbH

MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 25

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction 25 is granted. The Plaintiff shall promptly effectuate electronic service of process. The tracking status hearing of 02/17/2023 is reset to 03/17/2023 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 03/10/2023, or the Plaintiff shall file the report if the Defendants have not appeared. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable Edmond E. Chang on 2/16/2023. Mailed notice

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

SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 2/17/2023, answer due 3/10/2023.

CERTIFICATE of Service by Plaintiff Emoji Company GmbH

STATUS Report by Emoji Company GmbH

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 32, the parties are in settlement negotiations. The time to answer has passed, so the Defendants are declared in default, but additional time is allowed for settlement negotiations. As noted in the report, if the negotiations do not result in a resolution by 04/10/2023, then the Plaintiff shall file a motion for default judgment on that date (if the Defendants remain in default). The tracking status hearing of 03/17/2023 is reset to 04/21/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiff Emoji Company GmbH 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 Emoji Company GmbH in support of motion for default judgment 35

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 35

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for default judgment 35, the Plaintiff shall file a supplement that (1) lists the remaining Defendants who have not settled and thus are the targets of the default-judgment motion; and (2) attaches screenshots of just those Defendants' online stores and the infringing good, that is, a subset of R. 16 limited to the remaining Defendants. The supplement is due on 03/22/2023. Emailed notice

MOTION by Plaintiff Emoji Company GmbH to supplement Supplement

(Exhibit)

MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion 35 for default judgment and the required supplement 39, the motion is granted in part. As explained in the order, statutory damages are granted in the amount of $1,000 per Defaulting Defendant. A permanent injunction will be entered in light of the willfulness established by the default (as skeptical as the Court is on the marks' validity). The supplement 39 was mistakenly filed as a motion, so it is terminated as incorrectly filed. The tracking status hearing of 04/21/2023 is vacated. A separate AO-450 judgment will be entered. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 03/24/2023. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 03/24/2023. Emailed notice