2022-cv-07004

COMPLAINT filed by Lululemon Athletica Canada Inc.; Filing fee $ 402, receipt number AILNDC-20136650.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Lululemon Athletica Canada Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lululemon Athletica Canada Inc.

Notice of Claims Involving Trademarks by Lululemon Athletica Canada Inc.

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Allyson M. Martin

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Thomas Joseph Juettner

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. (Text entry; no document attached.)

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Text entry; no document attached.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff Lululemon Athletica Canada Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for temporary restraining order 13

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

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Jenny Vo regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Exhibit 4 - Parts 1 - 11 regarding declaration 16

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

Exhibit 4-4

Exhibit 4-5

Exhibit 4-6

Exhibit 4-7

Exhibit 4-8

Exhibit 4-9

Exhibit 4-10

(Exhibit 4-11)

MOTION by Plaintiff Lululemon Athletica Canada Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for miscellaneous relief 18

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

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 3, motion for miscellaneous relief 18, motion for temporary restraining order 13 before Honorable Manish S. Shah on 12/21/2022 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: No appearance on the ex parte, under seal motions on 12/21/22 is necessary. The court takes the motions under advisement and counsel should email a proposed order to proposed_order_shah@ilnd.uscourts.gov.

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.

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Kahlia Roe Halpern

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, domain name transfer, asset restraint, and expedited discovery, and motion for electronic service of process 3 13 18 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. A $50,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 1/27/2023. Notices mailed.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $ 50,000 posted by Lululemon Athletica Canada Inc.

MOTION by Plaintiff Lululemon Athletica Canada Inc. for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for preliminary injunction[28]

Declaration of Kahlia R. Halpern

Exhibit 1

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction[28] before Honorable Manish S. Shah on 2/14/2023 at 09:45 AM.

SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/7/2023, answer due 2/28/2023.

Declaration of Thomas J. Juettner

Exhibit A

MOTION by Plaintiff Lululemon Athletica Canada Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Lululemon Athletica Canada Inc. in support of extension of time[32]

Declaration of Kahlia R. Halpern

NOTICE of Motion by Kahlia Roe Halpern for presentment of extension of time[32] before Honorable Manish S. Shah on 2/9/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [32] is granted. The TRO is extended to 2/24/23. Any objections to the motion for a preliminary injunction must be properly filed by 2/16/23. No appearance on 2/9/23 or 2/14/23 is necessary. If no objections are filed by 2/16/23, the motion for a preliminary injunction will be considered unopposed. Notices mailed.

SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/10/2023, answer due 3/3/2023.

Declaration of Thomas J. Juettner

(Exhibit A)

MINUTE entry before the Honorable Manish S. Shah: No objections to the motion for a preliminary injunction have been timely filed. The motion [28] is unopposed and granted. The evidence in support of the TRO continues to support the entry of a preliminary injunction. 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 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. Notices mailed.

PRELIMINARY INJUNCTION ORDER AS TO CERTAIN DEFENDANTS. Signed by the Honorable Manish S. Shah on 2/28/2023. Notices mailed.

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NOTICE of Voluntary Dismissal by Lululemon Athletica Canada Inc. as to Certain Defendants

MOTION by Plaintiff Lululemon Athletica Canada Inc. for entry of default, MOTION by Plaintiff Lululemon Athletica Canada Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for entry of default, motion for default judgment 40

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 41

(Exhibit 1)

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment 40 before Honorable Manish S. Shah on 3/14/2023 at 09:45 AM.

TRANSCRIPT OF PROCEEDINGS held on 03/14/2023 before the Honorable Manish S. Shah. Order Number: 45438. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/4/2023. Redacted Transcript Deadline set for 4/14/2023. Release of Transcript Restriction set for 6/12/2023.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for default judgment [40] is granted. Enter Default Judgment. Terminate civil case. Notices mailed.

DEFAULT JUDGMENT ORDER. Notices mailed.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

(Closing Minute Entry dated 3/14/2023)

NOTICE of Removal Material from the custody of the Clerk's Office by Justin R. Gaudio of the firm Greer, Burns & Crain, Ltd. by the Plaintiff regarding Bond [27]. (Document Received for Docketing on 74/18/2023)

FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendant