2022-cv-07087

COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-20147343.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint 1

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

Notice of Claims Involving Trademarks by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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 Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, 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 Jason Groppe regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 3 - Parts 1-3 regarding declaration[16]

Exhibit 3-1

Exhibit 3-2

(Exhibit 3-3)

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, 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 miscellaneous relief[18], motion for leave to file[3], motion for temporary restraining order, [13] before Honorable Manish S. Shah on 12/28/2022 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, domain 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. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Manish S. Shah on 12/21/2022. Mailed notice

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

ATTORNEY Appearance for Defendant Zhuhai Xiangzhong Network Technology Co., Ltd by Tao Liu

ATTORNEY Appearance for Defendant Zhuhai Xiangzhong Network Technology Co., Ltd by Ruoting Men

BOND in the amount of $50,000 check, Receipt No. 4624280679, posted by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

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 Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of extension of time[27]

Declaration of Jake M. Christensen

NOTICE of Motion by Jake Michael Christensen for presentment of extension of time[27] before Honorable Manish S. Shah on 1/4/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 27 is granted. The TRO is extended to 1/18/23. No appearance on 1/4/23 is necessary. Notices mailed.

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Rachel S Miller

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for preliminary injunction[32]

Declaration of Rachel S. Miller

Exhibit 1

NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction[32] before Honorable Manish S. Shah on 1/18/2023 at 09:45 AM.

Exhibit A

SUMMONS Returned Executed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, 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

NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to a Certain Defendant

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for preliminary injunction [32] is granted. Enter Preliminary Injunction Order. 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. Signed by the Honorable Manish S. Shah on 1/18/2023. Notices mailed.

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NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendants

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, 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 Jake Michael Christensen for presentment of motion for entry of default, motion for default judgment, [40] before Honorable Manish S. Shah on 2/16/2023 at 09:45 AM.

Exhibit A

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. Signed by the Honorable Manish S. Shah on 2/16/2023. Notices mailed.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

(Closing Minute Entry dated 2/16/2023)

FULL SATISFACTION of Judgment regarding order 45 in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[45] in the amount of $100,000 as to certain defendant