2022-cv-06721

COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20095405.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray

MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc.

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. 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 Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Bigfoot 4x4, 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 Bigfoot 4x4, Inc. in support of motion for temporary restraining order, 10

Declaration Trent Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 8 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 9 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 10 of Trent Declaration

Notice of Claims Involving Trademarks by Bigfoot 4x4, 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 (6, 9, 10), the supporting memorandum 11 and the temporary restraining order, plaintiff's motions for leave to file under seal 6 and for leave to file excess pages 9 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary transfer of defendant domain names, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 is granted, except to the extent that the motion seeks a temporary transfer of defendant's internet stores. 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, but at this preliminary stage, 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.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/5/2022:

SURETY BOND in the amount of $10,000.00 posted by Bigfoot 4x4, Inc. (Document not scanned)

MOTION by Plaintiff Bigfoot 4x4, 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 28 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 26 entered on 12/5/2022 is extended to 01/02/2023.

MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Certain Defendants

Exhibit 1

(Exhibit 2)

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 Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 30 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 26 entered on 12/5/2022 is extended to 01/16/2023.

MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction[33]

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[33]

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

SUMMONS Returned Executed by Bigfoot 4x4, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/11/2023, answer due 2/1/2023.

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 33 under advisement and will consider the motion unopposed if no defendant appears and objects by 1/23/2023. Plaintiff shall serve defendants with this notice.

CERTIFICATE of Service by Plaintiff Bigfoot 4x4, Inc.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 37. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction 33 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 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 1/24/2023:

ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 1/24/2023. Mailed notice

NEW PARTIES: BBJ Toys Co., Ltd. Shenzhen, Camoro Tech Shenzhen Co., Ltd., Chibi Kosta Electronic Technology Co., Ltd., Dezhou Demax Building Decoration Material Co., Ltd., Dongguan Jinshida Trading Co., Ltd., Dongguan Saiya Intelligent Robot Co., Ltd., Foshan Meiruisi Technology Co., Ltd., Guangdong Aojiada Innovation Technology Co., Ltd., Guangdong Fengzhiwu Trading Co., Ltd., Guangdong Hengguan Technology Industrial Co., Ltd., Guangzhou Baiying Electronic Technology Co., Ltd., Guangzhou Banchang Import And Export Co., Ltd., Guangzhou Comfortbaby Toys Co., Ltd., Guangzhou Shell Medical Technology Co., Ltd., Guangzhou TOMAS Crafts Co., Limited, Guangzhou Xingleda Technology Co., Ltd., Guangzhou Zhongkai Trade Development Co., Ltd., Hangzhou Yiyuan Honglei Trading Co., Ltd., Hubei Jintongxing Education Technology Co., Ltd., Huizhou Quanmu Technology Co., Ltd., Jieyang Rongcheng District Liangdian Crafts Products Factory, Jinhua Huayue Trading Co., Ltd., Longsun Technology Co., Ltd., Ming Yufeng Electronic Commerce chongqing Co., Ltd., Nanjing Jiulu Wine Commerce and Trade Co., Ltd., Newstone Technology Co., Ltd., Ningbo Sunrise Plastic Co., Ltd., Ningbo Union Vision Imp & Exp Co., Ltd., Quanzhou Chengluan Trading Co., Ltd., Rastar Group, Riverhobby Tech Shenzhen Co., Ltd., Sam Toys Industrial Co., Ltd., Shangcheng County Haibaoda Trading Co., Ltd., Shanghai Bricstar Industry Limited, Shanghai Trens Tech Co., Ltd., Shantou Bayi Toys Co., Ltd, Shantou Cami Trading Co., Ltd., Shantou Chenghai AH Toy Firm, Shantou Chenghai Chengfeng Toys Firm, Shantou Chenghai Diteng Toy Factory, Shantou Chenghai Eli Toy Factory and Shantou Chenghai Gangsheng Trade Company Limited added to case caption.

NEW PARTIES: Shantou Chenghai Gangsheng Trade Limited Company, Shantou Chenghai Guangyi Meijin Plastic Toys Factory, Shantou Chenghai Hua Nuo Intelligent Technology Co., Ltd., Shantou Chenghai Jboy Toy Factory, Shantou Chenghai Juzicheng Trading Firm, Shantou Chenghai Longxiang Toy Industry Co., Ltd., Shantou Chenghai Mingsite Trade Co., Ltd., Shantou Chenghai Sainyee Toys Factory, Shantou Chenghai Sanhuan Technology Co., Ltd., Shantou Chenghai Shengqi Imp.& Exp. Trading Co., Limited, Shantou Chenghai Sijiali Plastic Factory, Shantou Chenghai Yaxing Plastic And Metal Manufactory, Shantou Chenghai Yifan Toys Firm, Shantou Chenghai Youzhi Toy Factory, Shantou Chenghai Zhengguan Toy Firm, Shantou Chengji Toys & Gifts Co., Ltd., Shantou Chengzhong E-Commerce Co., Ltd., Shantou Chuangqi Intelligent Technology Co., Ltd., Shantou City Chenghai District Lianxia Fuqi Plastic Factory, Shantou City Chenghai District Zhi Sheng Toy Firm, Shantou City Y&X Toys Co., Ltd., Shantou Diya Trading Co., Ltd., Shantou Dreamhouse Toys Industrial Co., Ltd., Shantou DWI Model Toys Co., Ltd., Shantou Exhobby Model Limited, Shantou Flying Technology Inc., Shantou Hiso Tech Co., Ltd, Shantou Honghu Plastics Co., Ltd., Shantou Hongtuo Technology Co., LTD, Shantou Jacko Toys Trading Co., Ltd., Shantou Jiahua Trading Co., Ltd., Shantou Jiehong Toys Co., Ltd., Shantou Julu Technology Co., Ltd., Shantou Kestuo Technology Co., Ltd., Shantou Kouyikou Toys Co., Ltd, Shantou KSF Toys Co., Ltd., Shantou LK Toys Trading Firm, Shantou Maxland Trading Co., Ltd., Shantou MJ Win Toys Co., Ltd., Shantou Penyo Culture Technology Co., Ltd., Shantou Porong Technology Co., Ltd., Shantou Qilong Toys Co., Ltd., Shantou Renlong Electronics Co., Ltd., Shantou Sanjoyo Trading Co., Ltd., Shantou Sanle Toys Co., Ltd., Shantou Wenzhu Bielang Toy Technology Co., Ltd., Shantou Wintide Intelligent Technology Co., Ltd., Shantou Xiaobole Plastic Industrial Co., Ltd., Shantou Xinyingtai Trade Co., Ltd., Shantou Yile Technology Co., Ltd., Shantou Youkeneng Technology Co., Ltd. and Shantou Yuansheng Trading Co., Ltd. added to case caption.

NEW PARTIES: Shenzhen Aidisheng Trading Co., Ltd., Shenzhen Chentao Toy Limited Company, Shenzhen Chigift Electronic Co., Limited, Shenzhen Dani Industry Co., Ltd., Shenzhen Debeisite E-Commerce Co., Ltd., Shenzhen Eacy International Electronic Commerce Co., Ltd., Shenzhen Flyer Technology Co., Ltd., Shenzhen Hoshi Electronic Technology Co.,ltd., Shenzhen Jialun Import And Export Co., Ltd., Shenzhen Laudtec Electronics Co., Ltd., Shenzhen Lemon One Technology Co., Ltd., Shenzhen Levi Hobby Tech Limited, Shenzhen Living Stone Network Technology Co., Ltd., Shenzhen Micro Lin Trading Co., Limited, Shenzhen Shi Dai Pu Technology Co., Ltd., Shenzhen Xiecheng Toys Co., Ltd., Shenzhen Xin Hemei Toys Firm, Shenzhen Xinbolong Technology Co., Ltd., Shenzhen Xueren Industrial Co., Ltd., Shenzhen Youngeast Technology Co., Ltd., Shenzhen Yuyang Technology Co., Ltd., Shenzhen Zhiguan Technology Co., Ltd., Sichuan Feitao Electronic Commerce Co., Ltd., Xiamen Domingo Trading Co., Ltd., Xinghe Yiming shenzhen Electronic Technology Co., Ltd., Yancheng Lanyi International Trading Co., Ltd., Yiwu Datouge Toys Co., Ltd., Yiwu Haoyi Packaging Factory, Yiwu Hecheng Import & Export Co., Ltd., Yiwu Jieer Import And Export Co., Ltd., Yiwu Misha Toys Co., Ltd., Yiwu Wangying Trading Co., Ltd., Yiwu YaMeng E-Commerce Co., Ltd., Zhangzhou Fanhang Cross-Border E-Commerce Co., Ltd., Zhaoqing Junjie Technology Co., Ltd., Zhongshan Kaishimei Trade Co., Ltd. and Zhuhai Haoyang Trading Co., Ltd. added to case caption.

NEW PARTIES: 9imod Store, daniu Store, HEIMA2022 Store, RC HobbyFly Store, Ezhou Ebei-Eya Baby Products Co., Ltd., Fujian Shangminghui E-Commerce Co., Ltd., Guangzhou Ao Tian Electronic Technology Co., Ltd., Guangzhou Qiaoyi Trading Co., Ltd., Hang Wing Plastic Industry Co., Ltd., Hebei New Speed Toys Co., Ltd., Jiaxing Welldone Industrial Co., Ltd., Liuzhi Special Zone Feitao Network Technology Co., Ltd., Shantou Chenghai Happy Sun Toys Co., Ltd., Shantou Chenghai Pengcheng Toy Ind. Co., Ltd., Shenzhen Chinlighting Technology Co., Ltd., Shenzhen Shanhai Iot Technology Co., Ltd., Yiwu Kudian E-Commerce Firm, AK112 Store, Baby Mummy Go Store, BabyToys Store, BX Aiberter Baby Store, CAR MUSEUM Store, dropshipping Mini Drone Store, DuoQu Toy Store, dys DYS Official Store, EDMidea Store, FairyToy Store, HUAILI Store, JeanDan Store-ufza Store, Juzi Store, PRO RC Hobby Store, Moonhobby RCs store, qisehua Store, RC Dropshipping Toy Store, rc space Store, RTR MODEL Store, Shop1100221625 Store, Shop911391149 Store, SURPASS HOBBY Global Store, VRX Racing Store, ymx Store, ZenFuRui 2 Store, Zoyi Kids Children Toys Store, Aishu Commerce shenzhen Co., Ltd., Beijing Ams Technology Co., Ltd. and Bright Spring Trading Ltd. Shantou Chenghai added to case caption.

MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file Motion for Leave to File an Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 42 is granted. Plaintiff is directed to file an amended Schedule A by 3/16/2023 identifying the remaining defendants. RTR MODEL Store, Shantou Chenghai Sanhuan Technology Co., Ltd., Shantou Qilong Toys Co., Ltd., Bright Spring Trading Ltd. Shantou Chenghai and Hubei Jintongxing Education Technology Co., Ltd. terminated.

NOTICE by Bigfoot 4x4, Inc. Notice of Filing

(Amended Schedule A)

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiff Bigfoot 4x4, 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 Bigfoot 4x4, Inc. in support of motion for default judgment 46

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 46

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 46 must enter an appearance and file a written objection by 4/11/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. Emailed notice.

CERTIFICATE of Service by Michael A. Hierl on behalf of Bigfoot 4x4, Inc.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 46. The motion 46 is granted. 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 of $150,000 per defendant, 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 defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($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 of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 4/13/2023: Mailed notice

DEFAUT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 4/13/2023: Mailed notice

SATISFACTION of Judgment

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 0410.

SATISFACTION of Judgment

RETURN of U.S. Post Office article no. 7021 1970 0001 3330 0410.

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment