2022-cv-06605

COMPLAINT filed by Bill Nye Productions, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20080151.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bill Nye Productions, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Bill Nye Productions, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Bill Nye Productions, Inc. by Robert Payton Mcmurray

MOTION by Plaintiff Bill Nye Productions, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Bill Nye Productions, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bill Nye Productions, Inc.

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Shelia M. Finnegan. 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.

MOTION by Plaintiff Bill Nye Productions, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Bill Nye Productions, 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 Bill Nye Productions, Inc. in support of motion for temporary restraining order, 10

Declaration Nye Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Bill Nye Productions, Inc. Exhibit 2 Part 1 of Nye Declaration

SEALED DOCUMENT by Plaintiff Bill Nye Productions, Inc. Exhibit 2 Part 2 of Nye Declaration

SEALED DOCUMENT by Plaintiff Bill Nye Productions, Inc. Exhibit 2 Part 3 of Nye Declaration

SEALED DOCUMENT by Plaintiff Bill Nye Productions, Inc. Exhibit 2 Part 4 of Nye Declaration

Notice of Claims Involving Trademarks by Bill Nye Productions, Inc.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 6, for electronic service of process, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 10 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Plaintiff's motion for leave to file excess pages 9 is also granted.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/2/2022:

SURETY BOND in the amount of $10,000.00 posted by Bill Nye Productions, Inc. (Document not scanned)

MOTION by Plaintiff Bill Nye Productions, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 22 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 20 entered on 12/2/2022 is extended until 12/30/2022.

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.

MOTION by Plaintiff Bill Nye Productions, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Bill Nye Productions, Inc. in support of motion for preliminary injunction 25

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

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

SUMMONS Returned Executed by Bill Nye Productions, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/5/2023, answer due 1/26/2023.

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 25 under advisement and will consider the motion 25 unopposed if no defendant appears and objects by 1/26/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion 22 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: No defendant filed an objection to the entry of a preliminary injunction by the 1/26/2023 deadline. Thus, the court considers the motion for entry of a preliminary injunction 25 unopposed. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for entry of a preliminary injunction 25 is granted. Enter Preliminary Injunction. The Clerk of Court is directed to unseal all previously sealed documents in this case. 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 2/2/2023:

ORDER: The Clerk of Court is directed to unseal all previously sealed documents in this case. Signed by the Honorable Martha M. Pacold on 2/2/2023. Mailed notice.

NEW PARTIES: 4by45, AllSimplelove, angrngp, baizhenghua49184, BlackGirlStore, Bobby Parker, Bruce Pelletier, chenfei1564545, chenping Store me, chentianyu15855, Demisomr Pants, dengjie112, dinghaizhou91539, duaoxion, dwew656, exactlylly, fengyubo95620, Floraltee, fujinfen3366, George Serna, Goujiayu7641, heying778, HUYINSONG188498, ioklu, Jack Albers, jinying464584, jocko1ig68gu, lexiaohu48186, LianTingYi68235, liaoshutingdian, lichuchen72735, lilonghui166978, limomo1126, liugaozong03327, LiuSiqi1115, liuxinyu76494, liyang111, liyanxiao22350, liyaolong13, Lorinda Vance, LQHT DESK, luizijun12345, lulijuan4428, lvlin1211, lvzhaojian3959, Macabre, mafuqin61185, mblnohnk, MercuryTee and Minervamgl added to case caption.

NEW PARTIES: mmxhnly, Moontee, Roger Tilley, Rosemary Dougherty, Saphire Alexus Reyes, Shelia Wilson, shenjiahong74922, SquirrelGray, Stokedavi, sunwenqing60635, sunxinyue002X, SuoSheng good, theshystore, VictimEagle, wangfeng654, wangguowei66209, wanghui55397, wangjing7124, wangqinglin2951, wumengru7793, wupengxer, wuyiru Store, xiamengyan0812349, xingruizheng1234, xiushuizhilishang, xujie1778, xutianyue0214, xuxiaolong1316, yangting3695, yanyan42184, yinxinlong2393, yuejinyang, YYYTT9T9, zarn, zenglijie6620, zengshiling 168, zengzixuan3011, zhangbaishuai5018, zhangdongqiong43762, zhangjing75484967675, zhangmeimei6688, zhangweinan Store, ZHANGYING54134, Zhanvzhenhao9876, zhaoxinlei9975, zhengyu5684658, zhenruipujiudu, zhongjian78154, zhoujiyong66058, zhouqingsu6600, zhuhuanlong0378 and zhuyanjin2956897 added to case caption.

NEW PARTIES: AnnaBo, chengxinti, Christine Tucker, corsomoda247, ee66e5, francisk, Ghgfdxb, Globeworks, gulizhi37364, Joseph James2, liangshanshan45468, lichunyao0830, lvdeke 123456, Maestro League, meijia97, Michelle Ayle, oujiayan01641, Robert Nichols, Shxinyi, SingurPeon, songkaiqiang, SSDDS656, SunTees, Victria Jaca, wangjiesell, water0423, xiaohuidian, xingyu2387431659, yangshufen987, zhangjiaxin46455, zhangqidian and zhujialong5521 added to case caption.

NEW PARTIES: 4by45, AllSimplelove, angrngp, baizhenghua49184, BlackGirlStore, Bobby Parker, Bruce Pelletier, chenfei1564545, chenping Store me, chentianyu15855, Demisomr Pants, dengjie112, dinghaizhou91539, duaoxion, dwew656, exactlylly, fengyubo95620, Floraltee, fujinfen3366, George Serna, Goujiayu7641, heying778, HUYINSONG188498, ioklu, Jack Albers, jinying464584, jocko1ig68gu, lexiaohu48186, LianTingYi68235, liaoshutingdian, lichuchen72735, lilonghui166978, limomo1126, liugaozong03327, LiuSiqi1115, liuxinyu76494, liyang111, liyanxiao22350, liyaolong13, Lorinda Vance, LQHT DESK, luizijun12345, lulijuan4428, lvlin1211, lvzhaojian3959, Macabre, mafuqin61185, mblnohnk, MercuryTee and Minervamgl added to case caption.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a status report by 2/16/2023 as to how it intends to proceed in this case.

STATUS Report by Bill Nye Productions, Inc.

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report 34. Plaintiff is directed to file a further status report by 4/18/2023.

DECLARATION of William B. Kalbac Declaration of Service

MOTION by Plaintiff Bill Nye Productions, 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 Bill Nye Productions, Inc. in support of motion for default judgment 37

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 37

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintiff's motion for entry of default judgment 37 under advisement. Any defendant objecting to plaintiff's motion for entry of default and for default judgment 37 must enter an appearance and file a written objection by 4/12/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

CERTIFICATE of Service by Michael A. Hierl on behalf of Bill Nye Productions, Inc.

STATUS Report by Bill Nye Productions, Inc.

ORDER: The court has reviewed plaintiff's status report 42. In the court's 3/29/2023 minute entry, it gave all defendants until 4/12/2023 to object to plaintiff's motion for entry of default and default judgment 37. See 40. No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment 37. 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 in the amount specified in the order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; 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 a permanent injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 W. Madison St., Suite 4000, Chicago, IL 60602, via certified mail. Enter Default Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 4/20/2023: Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 4/20/2023: Mailed notice

MAILED out the ten thousand dollars ($10,000) surety bond posted by Plaintiff to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd via Certified Mail Receipt Article Number: 7021 1970 0001 3330 0434.

RETURN of U.S. Post Office Receipt, article no. 7021 1970 0001 3330 0434.