2022-cv-07051

COMPLAINT filed by Volkswagen Group of America, Inc.; Filing fee $ 402, receipt number AILNDC-20141382.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Volkswagen Group of America, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Volkswagen Group of America, Inc.

Notice of Claims Involving Trademarks by Volkswagen Group of America, Inc.

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable John Robert Blakey. 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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Volkswagen Group of America, 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 Dana A. Cizmadia regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Exhibit 3 - Parts 1-5 regarding declaration[16]

MOTION by Plaintiff Volkswagen Group of America, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Volkswagen Group of America, 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 temporary restraining order[13], motion for miscellaneous relief[18], motion for leave to file[3] before Honorable John Robert Blakey on 12/29/2022 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 3 and motion for electronic service of process 18. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 13. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 1/6/23. The 12/29/22 Notice of Motion date is stricken. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 12/23/2022. Mailed notice

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

MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Volkswagen Group of America, Inc. in support of extension of time[24]

Declaration of Kahlia R. Halpern

NOTICE of Motion by Kahlia Roe Halpern for presentment of extension of time[24] before Honorable John Robert Blakey on 1/4/2023 at 11:00 AM.

SURETY BOND in the amount of $ 10,000 posted by Volkswagen Group of America, Inc. (Document not imaged)

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 John Robert Blakey: The Court grants Plaintiff's ex parte motion 24 to extend the temporary restraining order entered 12/23/22 23. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 1/20/23. The 1/4/23 Notice of Motion date is stricken. Mailed notice.

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain Defendants

MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for preliminary injunction[31]

Declaration of Kahlia R. Halpern

Exhibit 1

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction[31] before Honorable John Robert Blakey on 1/18/2023 at 11:00 AM.

Exhibit A

SUMMONS Returned Executed by Volkswagen Group of America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/12/2023, answer due 2/2/2023.

Declaration of Thomas J. Juettner

Exhibit A

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Trevor Christian Talhami

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the hearing on Plaintiff's motion for preliminary injunction [31], set for 1/18/23 at 11:00 a.m., is reset for 1/18/23 at 1:00 p.m. via telephone. Counsel and any interested parties shall call into 877-402-9753 and utilize participant code 9955840. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Rachel S Miller

MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 1/18/2023. No defendant appeared in court or otherwise appeared to object in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [31]. Accordingly, and based upon the same findings made in this Court's TRO [23], this Court finds that a preliminary injunction remains appropriate and warranted, as well as unopposed, and grants Plaintiff's motion for preliminary injunction [31]. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/ pdfs/v60/ Add_Terminate_Instructions.pdf. Telephonic status hearing set for 3/7/2023 at 11:00 a.m. Counsel shall call into 877-402-9753 and utilize participant code 9955840. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 1/18/2023. Mailed notice

NEW PARTIES: simengdian, Spring living, Topzooc, Tuborun US shop, Uncle Sam Shop, US-MEH, VW Store, YanxzG, YuHuiQiTongShanXianHuiXunShangMao, zhuluxin, ZKSHOPING, zxy shoping, BenBaoTong, chuanyanbaihuoshangdian, chunxiangbaihuo, Dmingtai, FangFang-Home, fangquanbaihuoshnghang, gang shop, heqinghone, Honghou Technology, karro_6ped, LOPPEYO official store, PDSYMSM, Shenzhen HongHeFu Household Products Co. Ltd., Shining morning, shiyanbaihuo, SureMart-US, TWHWENHA, Wenhui Shop, WR-FENG, Wuhan Dalijingzhe E-Commerce Co, LTD, xingqishangmao-1009, YINGMA, zefeibaihuodian, Speed engine, Yuan yong zheng Mall, zhoukougangdashangmaoyouxiangongsi, Guangzhou ailingshuo Trading Co., Ltd, mu yu, Spanice, Partong Store, sda975651sda001, season16, suozhi1991, xlcmotorbike, auto_home01, auto-43, baolong-53, blueknock, bocaimaoyi, chenjuan-3, digitaljoy, duoduoshoppingmall, fancy3689, fengli99, fuchangxingmaoyiyouxiangongsi, gotake_au, gotake_online_store, gotake2004, gotakelacus, haikoushienxingba-0, hc-fancystore, housegoodproduct20, huaaoo, ijjkooom, jingsushangwu, key-buy, kiuswe, kokduis, kumimi0906, lilei-97, liyan1877, mazhiqia_12, mushan_79, nianxiangyang1, osy_58, popshop2020, qiuyue_98, rongwe_14, shengtong518, sopopstar, suoquanzhou, toosell2009, topbanana, topbid66, top-braddon, topshop1688, topshopoutlet, wenpengyinh67, xbydjs, yanwanp_77, yitians-49, zhangme_5387, koiuys, phn-892, zxg698, anfanshangmao, goodeals-1, mingd7529, auto-home-68, Derer, Pgeiop and UrbanLobes added to case caption.

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of dismissal 40, Defendants digitaljoy, housegoodproduct20, key-buy, popshop2020, sopopstar, topshop1688 and zxg698 are dismissed without prejudice with leave to reinstate within 270 days of the entry of this order. Mailed notice

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of dismissal [42], Defendants Shenzhen HongHeFu Household Products Co. Ltd., Partong Store and mingd7529 are dismissed without prejudice with leave to reinstate within 270 days of the entry of this order. Mailed notice

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon the filings of the notice of voluntary dismissal [44] and [45], Defendants SureMart-US, mu yu and Topzooc are dismissed without prejudice with leave to reinstate within 270 days of the entry of this order. Absent reinstatement on or before 270 days, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to a certain Defendant

MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default, MOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for entry of default, motion for default judgment[48]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[49]

Exhibit 1

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment[48] before Honorable John Robert Blakey on 2/22/2023 at 11:00 AM.

Exhibit A

MINUTE entry before the Honorable John Robert Blakey: The Court strikes the 2/22/23 Notice of Motion date and resets the hearing on Plaintiff's motion for default and default judgment 48 for 3/2/23 at 11:00 a.m. in Courtroom 1203. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 47, this case is dismissed without prejudice as to Defendant Dmingtai. Absent reinstatement on or before 270 days of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Andrew Daniel Burnham

MINUTE entry before the Honorable John Robert Blakey: In person motion hearing held on 3/2/2023. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for entry of default judgment 48 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 3/2/2023. Mailed notice

NOTICE of withdrawal of SURETY BOND [27] by John Summerfield, Greer Burns & Crain, Ltd.